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Employment

Employment Update: Compulsory Reinstatement and Re-engagement of Unreasonably and Unlawfully Dismissed Employees

On 2 March 2016, the Employment (Amendment) Bill 2016 (the “Bill”) was introduced to the Legislative Council. The Bill seeks to empower the Labour Tribunal to make an order for reinstatement or re-engagement as requested by an employee in a case of unreasonable and unlawful dismissal without the need to first secure the employer's agreement. The Bill does not change the current framework in regards to unreasonable dismissals that are not unlawful.

Employment Newsletter – March 2015

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.
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