Gall has been recommended in the recently published Legal 500 Asia Pacific Guide 2017. The firm was ranked for Dispute Resolution, Employment and for Restructuring and Insolvency in the Hong Kong chapter. The firm maintained its rank as a Leading Firm in these core practice areas, receiving positive feedback from both clients and peers. Senior Partner Nick Gall was again recognized as a Leading Individual in Hong Kong dispute resolution.
Asialaw have published Asialaw Profiles 2017, their guide to the best domestic and regional law firms in the Asia-Pacific area. In the Hong Kong domestic firm category, Gall was “Highly Recommended” in our core practice areas of dispute resolution, employment and insolvency.In the individual lawyer categories, Nick Gall was named as a Market Leading Lawyer, Brooke Holden and Chris Wong were named as a Rising Star Lawyer.
Winners will be announced at the awards presentation dinner on Friday 9th September 2016.
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.
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.
Gall is thrilled to have won the award for “Best in Employment and Industrial Relations” in the 2015 China Business Law Awards.
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.
The results of Chambers Asia Pacific 2015 guide have been released. Partners Nick Gall (dispute resolution), Jennifer Van Dale (employment) and Michael Withington (employment, insurance) are named as Leading Individuals in their practice areas. Patricia Yeung (employment) is named as an Associate to Watch.Gall's employment team rank in Band 1 for 2015. The firm was also ranked in Dispute Resolution and Restructuring and Insolvency practice areas.
