Essential legal content for everyone who wants to stay current with all Hong Kong Employment Law related matters, this Second Edition of Employment Law & Practice in Hong Kong brings you up to date on the developments of the past six years on the practice of law and jurisprudence. It also features expanded coverage of a number of areas, including: post-termination restrictive covenants and numerous case law developments in workplace discrimination.
A string of ground-breaking Court of Final Appeal decisions in a number of important areas, including:
(i) Trade union discrimination protections and an expanded interpretation of Employment Ordinance s 21B “activities of a trade union” (Blakeney-Williams v Cathay Pacific Airways, 2012);
(ii) Restrictions on multiple concurrent employers (Chung Yuen Yee v Sam Woo Bore Pile Foundation, 2013);
(iii) Reach of the Employment Ordinance’s statutory annual leave provisions (Kwan Siu Wa Becky v Cathay Pacific Airways Ltd, 2012);
(iv) The extension of a contractor’s duty of care to subcontractor’s employees (Luen Hing Fat Coating & Finishing Factory Ltd v Waan Chuen Ming,2011); and
(v) Damages awards for failure to conduct contractually entitled disciplinary hearings (Blakeney-Williams v Cathay Pacific Airways, 2012)
Important statutory developments examined in this edition including:
(i) The introduction of the Minimum Wage Ordinance (2010);
(ii) Criminalization of the failure to pay awards made by the Labour Tribunal and Minor Employment Claims Adjudication Board (2010);
(iii) Expansion of the scope of the Protection of Wages on Insolvency Fund (2012); and
(iv) The introduction of paternity leave and paternity leave pay (2015)