Employment Law – Principles and Practical Guidance

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.

Detailed Information

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?
    • Non-solicitation/completion/poaching/dealing
    • Confidentiality
  • Dispute Resolution
    • Jurisdiction (Labour Tribunal and Courts)
    • Evidence
    • Strategy
    • Mediation and Conciliation
    • Commercial considerations
  • Termination of employment and Interim and final remedies
  • Overview of select key recent decisions and developments

Registration Conditions

To view our registration conditions click HERE.