This course will examine the extent of an employee’s duty of fidelity and good faith as developed in common law. It also looks at the various post-employment issues that may arise, such as the enforceability of non-compete and other clauses. As well as addressing specific drafting concerns, attendees will gain a better knowledge of litigating an employment dispute in Hong Kong as well as an update of recent employment case law and legislation.
Highlights of the course include:
- The Employment Relations
- Duties owed by Employer and Employee
- Duty of fidelity
- Fiduciary duties
- Overview of the Employment Ordinance, Cap 57 and Anti-Discrimination legislation
- Drafting express clauses
- Restrictions during employment
- Confidential information
- Garden leave
- Post termination issues
- Restrictive covenants for post-termination protection
- What constitutes legitimate business interests?
- What constitutes reasonableness?
- Dispute Resolution
- Jurisdiction (Labour Tribunal and Courts)
- Mediation and Conciliation
- Commercial considerations
- Termination of employment and Interim and final remedies
- Overview of select key recent decisions and developments
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