Disputes can arise at any workplace.  They can be between business partners, directors, employers and employees/former employees.  Resolving workplace disputes does not have to be stressful, costly and complicated.  In many cases, engaging the right legal advisors with industry knowledge and the right expertise can help you choose the most effective method of dispute resolution and manage disputes in an efficient and economical manner. 

We take a practical and commercially minded approach to all employment disputes and help you resolve your dispute and/or seek redress of grievances effectively.  We help you with your most challenging contentious (whether local or cross-border) matters.  Leveraging our litigation expertise, our team of employment lawyers offers responsive advice and effective case management across the full gamut of contentious employment matters relating to breaches of fiduciary duties, disclosure of trade secrets, enforcement of restrictive covenants, team moves, bonus and profit-sharing arrangements, whistleblowing and allegations of discrimination.  In addition to pursuing claims to fight for what our clients deserve and defending frivolous claims in courts, we explore alternative methods of dispute resolution to resolve contentious matters and strategically achieve business goals of our clients.

Our team provides the following services:

• dealing with labour tribunal claims, court proceedings in Magistrates’ Courts, District Court and High Court, and disciplinary proceedings;
• advising on breach of employment contracts;
• advising on enforcement of confidentiality and non-disclosure agreements;
• advising on enforcement of post-employment restrictions such as non-solicitation, non-compete and non-dealing clauses;
• making and defending injunction applications;
• advising on allegations of serious misconducts of employees and whether they are serious enough to warrant summary dismissal;
• handling complaints of discrimination lodged with the Hong Kong Equal Opportunities Commission; and
• advising on claims brought under the anti-discrimination laws before Hong Kong courts.

Credentials of our lawyers in this area include:

• assisted a NGO in successfully defending a highly litigious wrongful dismissal claim by a former employee at the Labour Tribunal and the subsequent appeal at the Court of First Instance; and successfully applied for the dismissal of the former employee’s application for leave to appeal to the Court of Appeal;
• advised on breaches of confidentiality, contractual duties, fiduciary duties, and duty of fidelity, and infringement of client’s proprietary rights over client’s data by a former senior employee, who had joined a competitor.  Assisted client in swiftly settling the matter;
• advised client on the summary dismissal of an employee based on dishonesty and breach of trust.  The former employee threatened to commence proceedings against client at the Labour Tribunal for wrongful dismissal.  Assisted client in settling the matter swiftly without client paying a penny to the former employee; and
• advised client on dismissal of a senior executive who had threatened to bring claims against client for unreasonable dismissal, breach of good faith and rationality implied term of her employment contract, and discrimination including disability discrimination, sex and/or marital status discrimination, and family status discrimination.

If you would like to seek advice on employment litigation issues, please contact us at (852) 2810 1212 or at employment@onc.hk.

Please refer to our articles in ‘Knowledge’