Russell Bennett
Legal Update: The High Court confirms and restates the employer’s right to terminate under contractual provisions, and the limited effect on that right of the implied duty of trust and confidence in employment contracts
The Duty The implied duty of mutual trust and confidence (the “Duty”) was first recognised in the UK case of Malik v BCCI [1998] AC 20 and was later adopted by the Hong Kong Courts in Evelyn Semana Bachicha v Poon Shiu Man Henry (CACV…Read More
Legal update: Hong Kong High Court upholds a six-month non-compete clause
The Hong Kong High Court has recently upheld and enforced a six-month non-compete clause in BFAM Partners (Hong Kong) Limited v Gareth John Mills and Segantii Capital Management Limited [2021] HKCFI 2904, granting an injunction in favour of the applicant former employer, BFAM. Background BFAM, a company…Read More
Asialaw 2022 rankings announced
Tanner De Witt is delighted to announce Asialaw’s 2022 rankings of domestic law firms which can be found here. All practices and lawyers have maintained their rankings from the previous year. Our 2022 awards are as follows: OutstandingLabour and EmploymentRestructuring and Insolvency Highly RecommendedCorporate and M&ADispute ResolutionRegulatory…Read More
Legal update: Statutory holidays to be increased from 12 days to 17 days over the next 9 years
The Hong Kong Legislative Council has passed the Employment (Amendment) Bill 2021 with its third reading given on 7 July 2021. Starting from 1 January 2022, 5 days will be added to the list of statutory holidays progressively with one day added every 2 years. …Read More
Kim Boreham moves from partner to consultant
We are pleased to announce that from 1 June 2021 Kim Boreham has changed roles and become a consultant at our firm. We are delighted that Kim will remain an integral part of the firm and are pleased to continue to support Kim’s career. This…Read More
Benchmark Litigation 2021 rankings announced for Asia-Pacific
We are delighted to announce that we have once again been included in Benchmark Litigation’s 2021 Asia-Pacific rankings. It’s another milestone year for us as we are ranked in five categories this year, compared to four last year and two the year prior. Our awards…Read More
Legal update: Reimbursement of Statutory Maternity Leave Pay is now open for applications from employers
Statutory maternity leave was increased from 10 weeks to 14 weeks effective from 11 December 2020. The Labour Department has recently announced that employers can now apply for reimbursement of the statutory maternity leave pay paid to employees in respect of the 11th to 14th…Read More
Tanner De Witt’s Restructuring and Insolvency team sweeps Who’s Who Legal’s 2021 rankings
Tanner De Witt’s Restructuring and Insolvency practice is listed in Who’s Who Legal’s 2021 Restructuring and Insolvency guide as one of three Leading Firms in the Asia-Pacific region. It is the sole firm in Hong Kong to have this accolade. Both Ian De Witt and…Read More
Legal update: Statutory maternity leave extended to 14 weeks with effect from 11 December 2020
The Hong Kong Employment (Amendment) Ordinance 2020 (“Amendment Ordinance”) came into effect on 11 December 2020. Below is a summary of the key provisions introduced by the Amendment Ordinance: Statutory maternity leave increases from 10 weeks to 14 weeks for employees who give birth on or…Read More
Legal update: Employment (Amendment) Bill 2021 proposes to increase statutory holidays from 12 days to 17 days over next 9 years
On 5 March 2021, the Government of the HKSAR published the Employment (Amendment) Bill (the “Bill”) in the Gazette. The Bill proposes to increase the number of statutory holidays under the Employment Ordinance (Cap. 57) (the “EO”) in Hong Kong by adding the following 5…Read More
Working Mothers: Maternity Rights under Hong Kong Law
New mothers have many things to worry about. Those who are working can also face additional problems in terms of maternity rights and difficulties when returning to work. The law provides several protections for working mothers in such situations. Maternity Rights Under Hong Kong Law…Read More
Legal update: Does an employee affirm his or her contract of employment and lose the right to claim constructive dismissal by engaging and using the employer’s grievance procedure?
If an employee claims that his or her employer has breached the contract of employment and engages in the grievance procedure, is he or she still entitled to claim constructive dismissal? We examine the recent UK case of Gordon v J & D Pierce (Contracts) Ltd…Read More