Nick Gall

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.

Dispute Resolution Newsletter – December 2015

Court of Final Appeal - Winding Up Foreign Companies in Hong KongOn 11 November 2015, the Court of Final Appeal (the “CFA”) handed down its decision ending the 8-year family feud between members of the second-generation owners of the much-loved Yung Kee restaurant. The CFA ruled that Yung Kee Holdings Limited (the “Company”), be wound up, but gave the parties 28 days within which to discuss a share buy-out. The decision has attracted the close attention of both Hong Kong’s legal community and fans of the iconic family restaurant as it represents a landmark determination on principles concerning the Hong Kong Courts’ jurisdiction to wind up foreign companies.

“Hong Kong courts: pro-arbitration in principle and in practice” – Nick Gall and Ashima Sood contribute the Hong Kong chapter for Practical Law’s Dispute Resolution Global Guide

The Dispute Resolution Global Guide provides practical analysis of topical cross-border issues and country-specific Q&A guides on dispute resolution law and practice worldwide. The Q&A guide aims to give a structured overview of the key practical issues including, for example, court procedures, fees and funding, interim remedies (including attachment orders), disclosure, expert evidence, appeals, class actions, enforcement of judgments, cross-border issues and the use of ADR.