This course will discuss the employment relationship, from the formation of the employment relationship through to termination and beyond, looking at the statutory and common law framework. Given the importance to many business of their strong client base and network and specialized technical know-how, this course will review 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; and the effectiveness of restrictive covenants; as well as the remedies for breach of these duties or covenants. It will also touch on new developments in employment law and look at areas such as social media and vicarious liability.
Highlights of the course include:
- The Employment Relationship
- Duties owed by Employer and Employee
- Duty of fidelity
- Fiduciary duties
- Overview of the HK employment and anti-discrimination regime
- Select issues
- Social Media
- Vicarious liability
- Post termination issues
- Post-termination protection of business
- Legitimate business interests?
- Scope / enforcement of express provisions
- Non-solicitation, Non- competition, Non-dealing
- Injunctive Relief
- 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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