Lead counsel to former portfolio manager in connection with dispute with former employer
Our Hong Kong employment lawyers and litigators advise clients on employment law issues in the context of our wider Dispute Resolution and our Financial Services Regulatory practices, for which we have been consistently recognized as an outstanding, leading and recommended practice by independent editorial publications, including the International Financial Law Review 1000 (ILFR1000), the Legal 500, Chambers and Partners and Asialaw Profiles, and for which our lawyers have been consistently recognized as “leading”, “highly regarded”, “well regarded” and “market-leading” lawyers.
Our work includes advising on the following:
disputes involving financial institutions regulated by the Securities and Futures Commission (“SFC”), the Insurance Authority (“IA”) or the Hong Kong Monetary Authority (“HKMA”) and their employees or representatives, including where the financial institution has alleged breaches of compliance policies or other misconduct on the part of employees, or where there has been a dismissal following allegations of misconduct
proceedings before the Hong Kong Labour Tribunal and the Hong Kong Court of First Instance in respect of employment matters
requirements of the Employment Ordinance (“EO”), including in respect of termination of employment, long service payment, severance payment, annual leave, sick leave, maternity leave, deductions from wages and the classification of bonus or incentive payments as wages, as well as on common law requirements, including the proper exercise of discretion in the payment of bonuses and the proper characterization of arrangements for clawbacks and vesting of bonus and other incentive payments
Our Employment Litigation practice has particular strength in advising both financial institution employers and financial institution employees on disputes because of our strong background in financial services. This background gives us a deep understanding of regulatory requirements as well as compliance policies and procedures which are integral to setting the parameters of permissible employee conduct. It thus enables us to ensure that our advice on employment matters is pragmatic and sophisticated and consistent with wider the regulatory context of maintaining SFC, HKMA or IA licenses, registrations or authorizations or applying for future licenses, registrations or authorizations.
A common employment dispute is whether a bonus is a discretionary bonus and if so, whether the employer has properly exercised discretion
This article provides an outline of Hong Kong employment laws
The Employment Ordinance governs termination of employment in Hong Kong, providing both for termination without cause or termination for cause