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Tick tock: when does the “course of employment” commence?

Baker & McKenzie
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Hong Kong
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January 31 2012

The Applicant was a shipping manager employed by Clever View Group Ltd

Amendment to the General Holidays Ordinance and the Employment Ordinance

Baker & McKenzie
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Hong Kong
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January 31 2012

The General Holidays and Employment Legislation (Substitution of Holidays) (Amendment) Ordinance 2011 (the “Ordinance”) will come into force on 24 February 2012

Equal Opportunities Commission warns employers to create a zero-tolerance culture against sexual harassment in the workplace

Baker & McKenzie
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Hong Kong
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January 31 2012

In a recent District Court case, the Equal Opportunities Commission provided legal support to an employee of the Food and Environmental Hygiene Department who had been sexually harassed by a male work colleague

What is in the exclusive jurisdiction of the Labour Tribunal?

Baker & McKenzie
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Hong Kong
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January 31 2012

The Defendant employee sought to strike out claims brought against him in the Court of First Instance for breach of confidence by Deutsche Bank AG, on the basis that the Statement of Claim disclosed no reasonable cause of action and the claim fell within the exclusive jurisdiction of the Labour Tribunal

Court awards costs against plaintiff to send a message

Baker & McKenzie
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Hong Kong
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January 31 2012

In line with the authority of Sit Ka Yin Priscilla v Equal Opportunities Commission, where costs were awarded against the plaintiff on a number of occasions during the proceedings and the appeals process, the District Court recently exercised its discretion to award costs against the plaintiff in the case of Chan Wai Ho v Civil Service Bureau

Does a detour interrupt “the course of employment”?

Baker & McKenzie
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Hong Kong
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January 31 2012

The Court of Appeal considered whether a car accident could be deemed to be in the course of employment when the employees involved had been travelling in a colleague’s car, without express permission and had interrupted their return journey by visiting a karaoke parlour

Non payment of wages is not an option

Baker & McKenzie
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Hong Kong
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January 31 2012

The personal liability of directors, officers and managers was highlighted when a company was found to have “willfully and without reasonable excuse” failed to pay wages to its employees

When does an accident arise “out of and in the course of employment”?

Baker & McKenzie
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Hong Kong
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January 31 2012

Employers often require a mobile workforce and many employees from Hong Kong are expected to travel to the Mainland and other locations as part of their duties