Employment
The importance of proof of the genuine reasons for dismissal in defending discrimination claims
The District Court has recently handed down a judgment against a logistics company (“Respondent”), for refusing to pay a former pregnant employee (“Claimant”) her year-end bonus and for not renewing her employment contract after she had informed the Respondent about her pregnancy. Background The Claimant…Read More
Five Tanner De Witt partners once again ranked in the 2023 edition of Who’s Who Legal (WWL)
We are pleased to say that the firm is well represented in rankings published in the 2023 edition of Who’s Who Legal (WWL). in the fields of Restructuring and Insolvency; Asset Recovery; Labour and Employment; and Pensions and Benefits. Partners Ian De Witt, Robin Darton,…Read More
Tanner De Witt wins three awards in the China Business Law Awards 2023
Tanner De Witt is delighted to announce that we have been recognised by China Business Law Journal in the China Business Law Awards 2023 in three categories, Pro-Bono, Data Protection and Privacy and Employment and Labour. The Pro Bono Achievers Award recognises our team’s exceptional…Read More
Tanner De Witt’s Employment Practice ranked, and Russell Bennett recognised as Leading Employment & Labour Lawyer
Tanner De Witt is delighted to announce that our Partner, Russell Bennett, is recognised as one of the Leading Employment and Labour lawyers in Hong Kong by Doyles Guide 2023. Tanner De Witt is also ranked in the second-tier for Employment and Labour Law Firms….Read More
Hong Kong Court Awards Indemnity Costs to Employer in Discrimination Proceedings
Introduction We previously published two articles “Can and will an employee claiming discrimination be liable for legal costs if they lose?” and “Important points for making discrimination claims highlighted in a recent District Court case by a former student against a local university” which discuss…Read More
Benchmark Litigation Asia Pacific 2023 Recognizes Tanner De Witt
We are pleased to announce that Tanner De Witt has received recognition in the Benchmark Litigation Asia Pacific Guide 2023 across five practice areas, including Insolvency, Commercial and Transactions, Family and Matrimonial, Private Client, and Labor and Employment. Tanner De Witt has received the following awards: Tier…Read More
Legal update: The Hong Kong Court of First Instance confirms penalty rule in an employment contract following decision in Law Ting Pong Secondary School v. Chen Wai Wah [2021] CA 873
Introduction Many employers may want to bind an employee for a certain period of time, by including a clause in employment contacts that requires the employee to pay wages for the balance of the fixed term should they terminate employment before the fixed term ends. …Read More
Can and will an employee claiming discrimination be liable for legal costs if they lose?
Discover why the normal rule of paying costs in litigation doesn’t apply to discrimination claims.
Proposal to amend Race Discrimination Ordinance to outlaw “intra-racial discrimination” and address discrimination and harassment relating to people from Mainland China
Earlier this week, the Equal Opportunities Commission (the “EOC”) in its update to the Legislative Council (“LegCo”) had reiterated its plan to:- “… tackle discrimination, harassment and vilification between people from Hong Kong and those from the Mainland through legislation …” Currently, the Race Discrimination…Read More
The Chambers and Partners Greater China Region 2023 rankings are announced
Tanner De Witt is delighted once again to be recognised by Chambers & Partners in their inaugural 2023 Greater China Region Guide for each of its main practice areas. Please see full results and editorial commentary below. Corporate/M&A: Independent Hong Kong Firms (Band 2)Full ranking here. Tanner…Read More
The Legal 500 2023 rankings are announced for Asia-Pacific
Tanner De Witt is proud to again be recommended in The Legal 500 Asia Pacific Guide 2023 for employment, restructuring and insolvency, dispute resolution, technology, media, telecommunications (TMT), commercial, corporate and M&A, private client and family. Legal 500’s Hall of Fame includes Partners Ian De Witt and Robin Darton, while Pamela Mak and Russell Bennett are…Read More
Legal Update: “Consultant” to employer company held criminally liable for non-payment of wages
Introduction Any employer who, “wilfully and without reasonable excuse”, fails to pay wages to an employee within 7 days of the wage period or date of termination of employment may commit an offence under section 63C of the Employment Ordinance (the “EO”). The punishment can…Read More