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.
The IBA Annual Litigation Forum 2016 took place in San Francisco from 27th-29th April 2016. Gall was one of the sponsors of this leading event presented by the IBA Litigation Committee and the IBA Corporate Counsel Forum and supported by the IBA North American Regional Forum.
This chapter first appeared in the first edition of The International Comparative Legal Guide to: Lending & Secured Finance 2016; published by Global Legal Group, London (www.iclg.co.uk)
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.
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.
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.
Financier Worldwide is pleased to announce that Nick Gall of Gall Solicitors has been recognised as a leading expert in its 2015 M&A and Bankruptcy & Restructuring.
Gall has been recommended in the recently published Legal 500 Asia Pacific Guide 2016. 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.
ANNUAL REVIEW: LITIGATION & ADR
HONG KONG
