Employment Notes

Hong Kong: Disciplinary Procedures & Privilege

UK: 'reasonable and proper cause' needed to justify suspension pending disciplinary investigation

Vietnam: Changes to Labour Regulations

On 15 December 2018, Decree No. 148/2018/ND-CP ("Decree No. 148") came into effect. Decree No. 148 introduced amendments to Decree No. 05/2015/ND-CP, the …

Hong Kong: The Requirement of Being 'Fit and Proper'

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these …

China: How to Approach Employee Dismissals

Under PRC law, an employment contract can be terminated in three main ways, namely resignation by the employee, unilateral termination by the employer, …

Thailand: Preparing Valid Warning Letters

Thai labour law provides that in the event that an employee violates an employer's work rules, regulations or orders in circumstances where the employer …

UK: over-thorough investigation did not render dismissal unfair

In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair.  It is for the …

UK: Employer's duty of trust and confidence - caution needed before suspending to investigate alleged misconduct

A recent High Court ruling serves as a reminder to employers not automatically to suspend an employee accused of misconduct while an investigation takes …

UK: Disciplinary hearings- nominal damages for refusal of an unsuitable companion

Employers will welcome a tribunal decision that damages for failure to allow a chosen companion at a disciplinary hearing should be nominal where the …

Australia: Key decision on directing employees to see a doctor

The Full Federal Court has handed down a decision on an employer’s right to direct attendance at a medical appointment, and whether an employer can …

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what …

UK: Discipline - gross negligence can be gross misconduct justifying dismissal without notice in some circumstances

Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and …