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Employment Newsletter – 三月2015年

In a judgment that will have repercussions for all employers in Hong Kong, the Hong Kong Court of First Instance rejected arguments that the courts are strictly bound by legislation and express terms of an employment contract. Calling Hong Kong’s employment protection “minimal” and recommending that the courts “exercise judicial creativity” to “maintain a fair balance” between employers and employees, it upheld an employee’s claim that an implied term prevented her employer from dismissing her to avoid paying a bonus.