As an international finance centre, families from all over the world relocate to Hong Kong for work purposes. In the event that the relationship between the parents break down, can one of them simply return home with his or her children?
This article considers the pro-arbitration approach of courts in Hong Kong in the context of two recent cases. It also considers other significant initiatives and developments in the arbitration regime concerning third party funding, consolidation, and costs of arbitrations.
A demotion normally involves a reduction in rank or status, or a decrease in job responsibilities and/or salary. An employer may wish to demote an employee for a variety of reasons including poor performance, capability and/or as an alternative to termination.Regardless of the reason for the demotion, an employer should be careful when demoting an employee. Any demotion should be managed professionally and lawfully; failure to do so may expose the employer to an unwanted claim.
The Labour Tribunal is intended to be a quick and informal venue for hearing disputes between an employer and employee.
The Employment (Amendment) (No. 3) Ordinance 2018 (“Amendment Ordinance”) was gazetted on 2 November 2018. Under the Amendment Ordinance, the statutory paternity leave under the Employment Ordinance Cap. 57 (“EO”) will increase from three days to five days.
It is common for employers to have an internal disciplinary procedure to provide a speedy and fair process to address any wrongdoing in the workplace, and to determine the appropriate disciplinary sanction that should be taken against such wrongdoing.
Sanctioned offers are a significant feature of the litigation landscape in Hong Kong, providing parties a strong incentive to settle their disputes at earlier stages (Rules of High Court and Rules of District Court, O.22).
Catherine Tso examines the decision handed down today by The Supreme Court of the United Kingdom which compels Mrs Owens to stay in a loveless and unhappy marriage until 2020.
It is common for parties to a commercial contract to insert a clause stating that “all variations to the contract must be agreed, set out in writing and signed on behalf of both parties before they take effect” (commonly known as a “No Oral Modification” or “NOM” clause). If the parties subsequently have a purported oral agreement to vary a particular term of the contract but do not say anything about the NOM clause, will such a variation be effective?
