Employment Law – Principles and Practical Guidance

Many businesses, especially those in the professional and financial services sector attain their competitiveness through building a strong client base and network as well as and developing specialized technical know-how. It is therefore integral to the sustainability of the businesses that employees/ex-employees are restricted from using the company’s contacts or know-how to enter into immediate competition with the company. This course will examine the extent of an employee’s duty of fidelity and good faith as developed in common law; the type of confidential information protected by law; drafting considerations and the effectiveness of restrictive covenants; as well as the remedies for breach of these duties or covenants.

Detailed Information

  • The Employment Relations
  • Duties owed by Employer and Employee
    • Duty of fidelity
    • Fiduciary duties
  • Overview of the HK employment and anti-discrimination regime
  • Drafting considerations
    • Restrictions during employment
    • Confidential information
    • Garden leave
  • Post termination issues
    • Post-termination protection of business
    • Legitimate business interests?
    • Reasonableness?
  • Scope/ enforcement of express provisions
    • Non-solicitation
    • Non-completion
    • Non-dealing
    • Confidentiality
  • 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

Registration Conditions

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