Overview of employment law 2022

Happy New Year 2023 and Happy Chinese New Year of the Rabbit.

2022 was an exciting year for employment law. In the wake of COVID-19, the Government amended the Employment Ordinance (Cap. 57) (“EO”) by introducing the Employment (Amendment) Ordinance 2022 in June last year, yet most (if not all) of the amendments have since become irrelevant because of the Government’s changes in policy (with the quarantine mandate for COVID positive patients being scrapped starting from 30 January 2023). At the time, there were major changes that aimed to encourage employees to get vaccinated where dismissal of employees due to refusal to receive vaccination without sufficient medical reasons after request being made by employers is not considered as unreasonable dismissal.

There had also been some very interesting development in case law, where the implications are wide. We have selected below some cases that are relevant to employers, employees, in-house practitioners and human resources professionals.

Potential criminal and personal liability of employee director for employer company’s failure to pay wages/Labour Tribunal award

In general, directors or senior officers of a corporate employer are not personally liable for the wages of the employees. However, if the employer company fails to pay its employees outstanding wages pursuant to an award of the Labour Tribunal, the director or the senior officer may become criminally liable if the company’s...

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