劳资纠纷

COVID-19 与不可抗力相关规定在香港的执行

COVID-19 新型冠状病毒的爆发给公共生活和国际业务造成了前所未有的破坏。 毫不意外,目前已经出现了当事方依据合同中的不可抗力条款,想要“免除”执行亏损合同或不可履行合同的情况。在本文中,合伙人高嘉力(Nick Gall),陈琬琳 (Evelyn Chan),和见习律师黄殷怀 (Adriel Wong) 探讨不可抗力条款是否适用于COVID-19和當事方的履约,以及当事方认为有权采取的各种行动调用不可抗力条款。

Employment Newsletter May 2016: Hong Kong Court of Appeal confirms implied term of anti-avoidance in employment contracts

Gall was instructed to act for Sunny Tadjudin against the Bank of America in this landmark employment law case. The “Sunny Case” is considered the leading authority in respect of bonus claims in Hong Kong. In the Bank’s latest appeal, the Court considered the issue of whether an anti-avoidance provision can be implied into an employment contract. This judgment has repercussions for all employers in Hong Kong who pay bonuses, especially those in the financial sector. In line with many other jurisdictions, the Court of Appeal confirmed that it is unlawful for Hong Kong employers to terminate an employee’s employment in order to avoid the employee being eligible for assessment of discretionary bonus and payment. Gall’s employment team, led by Nick Gall (Partner), Andrea Randall (Partner) and Stephen Chan (Senior Associate) report on their recent Court of Appeal victory.