To prevent legal costs making it prohibitive for employees to pursue claims relating to their employment, lawyers are not able to represent clients in Labour Tribunal proceedings. Where a party is a company, under Hong Kong law, only an “officer or servant” of that company has a right of audience. But what if the company is in liquidation? Is a liquidator an “officer or servant” of a company in liquidation and can they therefore […]
Whilst 2017 was anticipated to be a fairly static year for employment law that did not in fact prove to be the case, and there were various notable developments, including the following:
The landmark defeat of the employment tribunal fees regime introduced by the Government in 2013.
The release of the hotly anticipated ” Taylor Review of Modern Working Practices”.
A flurry of case law on employment status in the gig economy, demonstrating a clear trend towards the […]
In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada considered the scope of section 13(1) of BC’s Human Rights Code, which concerns discrimination “regarding employment or any term or condition of employment.” The Supreme Court held that this provision is not only limited to protecting employees from discrimination perpetrated by their employer or superiors. Rather, applying a broad and liberal interpretation to the section, the Supreme Court held that section […]