C L A R I D E N April 2014

Transcription

1 C L A R I D E N April 2014 Knowledge for the world business leaders Kowloon Shangri-La, Hong Kong Handling Employment Dispute and Termination in Hong Kong Faculty Director Rowan McKenzie Counsel Consistently listed as Leading Lawyer on Hong Kong Employment Law by Chambers Asia Pacific Head of the Employment & Incentives Practice Group in Asia Extensive experience in advising large corporations and financial institutions on Hong Kong employment and incentives related matters. Guest Speakers Deborah Papworth Managing Associate David Hopper Associate

2 Handling Employment Dispute and FACULTY DIRECTORS Rowan McKenzie Counsel Rowan is head of the employment & incentives practice in Asia and is based in Hong Kong. He is consistently called upon to provide advice in relation to the challenges of implementing HR strategy, anticipating problems and reducing legal risks in Hong Kong and across the region. He has extensive experience in all aspects of employment law. His recent work includes advising on employment-related disputes involving discrimination claims, enforcement of post-termination restrictions and bonus and equity entitlements on termination. Rowan also advises on immigration, data privacy and the design, drafting and implementation of all aspects of retention and incentives arrangements including relevant securities and labour law regulations. Rowan is regularly invited to chair and present seminars and has authored numerous publications. He is an Editorial Board Member for LexisNexis Practical Guidance. Rowan has practiced in this area since 1991 and is admitted as a solicitor in Hong Kong and Australia (New South Wales). Deborah Papworth Managing Associate Deborah is currently the Managing Associate at. She has specialised in employment law since 2001 and has been practising in Hong Kong since Deborah has experience in advising clients on all aspects of the employment relationship, including structuring compensation, incentive and pension arrangements, equal opportunity, privacy obligations, immigration requirements, advising on multi-jurisdictional employment issues and providing strategic advice on restructuring, downsizing and termination of employment. Deborah also regularly advises employers in relation to contentious matters including termination and bonus disputes and enforcement of restrictive covenants and protection of confidential information. Deborah has contributed to various publications in relation to employment law issues in Hong Kong and regularly provides training seminars on a range of employment topics. David Hopper Associate David specializes in employment law and has advised clients on issues including termination of employment, restrictive covenants, executive employment contracts, industrial relations and employment aspects of corporate transactions. David also has experience in employment related litigation. 2

3 Handling Employment Dispute and 2014 Clariden Global Executive Education EXECUTIVE SUMMARY Program: Dates: Location: Handling Employment Dispute and April 2014 Kowloon Shangri-La, Hong Kong Early Bird 1 (Register & pay by 27 February 2014): US$2,395 Early Bird 2 (Register & pay by 27 March 2014): US$2,595 Regular Tuition Fee: US$2,695 For limited period only: Registration for 2 participants, 10% on 2nd participant For limited time only by 27 March 2014, registration for 3 participants, the 4th participant will receive a complimentary seat (one discount scheme will apply) Program Essence: This highly interactive two-day seminar is designed to provide participants with comprehensive knowledge on the importance of establishing effective contractual arrangements and proper processes at the start of an employment relationship in order to minimize any disputes which may arise later when the relationship comes to an end. You will also find out the most effective way to terminate employees while at the same time to protect the business after the termination. Our expert trainer will share an effective work-place investigation and explore what rights and obligations imposed upon employers and employees. In addition, you will learn how to handle any potential disputes arising during the termination process. Throughout the program, you will be involved in the case studies discussion drawn from actual legal cases and also different scenario videos related to termination of employment to maximize the learning benefits and also to help you leave with specific actions steps for resolving current and future challenges. At the end of the program, you will leave this course with the confidence to deal with disputes arising from termination and dismissal of employees. PROGRAM INTRODUCTION The decision to terminate an employee carries with it the risk of a possible legal challenge. Employers need to be cognizant of possible discrimination claims arising from employment termination. Under employment Ordinance, all employees who have served a qualifying period are legally protected from being sacked unfairly. Thus, it is crucial for employers in Hong Kong to be aware of the proper legal procedure when terminating employees. Failing to adhere to this can put an employer in a vulnerable position and open to the risk of unlawful practices, lawsuits and litigations. This comprehensive two days executive program is designed to enable delegates to recognize and deal with the risks and benefits of workplace law while avoiding potential disputes and claims. Designed for HR Professionals, you will learn the importance of establishing effective contractual arrangements and proper processes at the start of an employment relationship in order to minimize any disputes which may arise later when the relationship comes to an end. You will also find out the most effective way to terminate employees while at the same time to protect the business after the termination. Our expert trainer will share an effective work-place investigation and explore what rights and obligations imposed upon employers and employees. In addition, you will learn how to handle any potential disputes arising during the termination process. Throughout the program, you will be involved in the case studies discussion drawn from actual legal cases and also different scenario videos related to termination of employment to maximize the learning benefits and also to help you leave with specific actions steps for resolving current and future challenges. At the end of the program, you will leave this course with the confidence to deal with disputes arising from termination and dismissal of employees. 3

4 Handling Employment Dispute and WHO WILL BENEFIT THE MOST This course is designed for all Managers, Directors, and Human Resource Personnel who are involved in Workplace Relations & Compliance, Labor Relations, Organizational Development, Talent & Recruitment, Mediators & Arbitrators of employment law, counseling, discipline, and termination process. LEARNING OBJECTIVES How to ensure the employment contracts are up to date and do not detract from the statutory minimums Examine all types of employment termination and best practices to terminate without facing any legal issues A solid understanding on Data Privacy Legislation in Hong Kong in order to conduct effective work-place investigations The range of options available to employer to ensure company s confidential information is well-protected after termination Find out different types of termination payment under Employment Ordinance Entitlements Learn how to deal with disaffected employee who lodge complaint in the High Court of Hong Kong Case studies and video scenarios related to employment termination to maximize the learning benefits PROGRAM OUTLINE DAY ONE - MORNING Recruitment to Removal This topic is designed to illustrate the importance of establishing effective contractual arrangements and proper processes at the start of an employment relationship in order to minimize any disputes which may arise later when the relationship comes to an end. We look at how to document the employment contract comprehensively, and examine what policies should be put in place and what processes should be followed, to avoid problems arising on termination. Designing Job Specifications Recruitment Agents Placing Advertisements / Interviews Previous Obligations Withdrawal of Offers Establishing the Employment Relationship Background Checks / Visa / License Probation Structuring the Contract Policies / Procedures Discrimination / Sexual Harassment Absence on Account of Sick Leave Bonuses / Incentives Transfer / Promotion / Variation Mobility / Dual Contracts Confidentiality / Good Faith Case studies 4

5 Program Overview DAY ONE - AFTERNOON Performance Management and Termination This topic is designed to outline the most effective way to bring the employment relationship to an end, again in a way which minimizes the likehood of litigation. We cover performance management, behavior modification, disciplinary processes, variation, suspension and all types of termination of employment. We also look at past cases in Hong Kong and other common law jurisdictions for guidance on what is appropriate in this context. Options for Performance Management Out of Office Conduct Counseling Warning Suspension Types of Separation Valid Reason Unlawful Dismissal Termination for Poor Performance Termination for Serious Misconduct Termination on account of Redundancy Alternatives to Redundancy Variation to Contract Constructive Dismissal References / Exit Procedures / Release Case Studies DAY TWO - MORNING Conducting Effective Workplace Investigations In this session we examine how to conduct an effective work-place investigation and explore what rights and obligations are imposed upon both employers and employees in this context. We look at a scenario where an employee challenges the termination of his or her employment through the use of data privacy legislation in Hong Kong. Maintaining Privilege Data Privacy Gathering Evidence Managing Outcomes and Risk Case studies Protecting the Business after Termination The importance of taking measures to protect the business after termination of employment will be demonstrated in this session. We will examine the range of options available to an employer to ensure that departing employees do not carry with them confidential information and are not able to compete, or solicit clients and employees, for a reasonable period after the termination. Post-Termination Restrictions Team Moves Duty of Fidelity and Good Faith Notice and Garden Leave Fiduciary Duties Fixed Term Contracts and Early Termination Case Studies 5

6 Program Overview DAY TWO - AFTERNOON Payments on Termination Contractual Entitlements Employment Ordinance Entitlements Case Study Dispute Handling We examine the processes involved if a claim is brought by a disaffected employee in Hong Kong-from lodging a complaint in the Labour Department or the Equal Opportunities Commission through to initiating proceedings in the High Court of Hong Kong. Practice and Procedure Labour Department Labour Tribunal Equal Opportunities Commission District / High Court Termination Scenarios We hold a workshop where participants are invited to give their views on a number of different video scenarios related to all types of termination of employment. High Noon Masters of the Universe Health Disclosure Internet Shopping Home Care License to Kill 6

7 HANDLING EMPLOYMENT DISPUTE AND TERMINATION IN HONG KONG April 2014 Kowloon Shangri-La, Hong Kong REGISTRATION PAGE Booking Contact (Approving Manager) Mr/Mrs/Ms: Job Title: Department: Telephone: Fax: Organization: Address: Postal Code: I would like to receive more information on hotel accommodation using Clariden Global coporate rate. Please Register the following participant(s) for this Program: 1st Participant Name (Mr/Mrs/Ms): 2nd Participant Name (Mr/Mrs/Ms): 3rd Participant Name (Mr/Mrs/Ms): 4th Participant Name (Mr/Mrs/Ms): PROGRAM FEES 1 ST EARLY BIRD FEE: US$2,395 (Registration and payment must be received by 27 February 2014) 2 ND EARLY BIRD FEE: US$2,595 (Registration and payment must be received by 27 March 2014) REGULAR FEE: US$2,695 GROUP DISCOUNT: For 2 registrations from the same company and billing source, the 2nd participant enjoys a 10% discount. For registrations before 27 March 2014 and for 3 or more participants, the 4th participant will receive a complimentary seat Important Notice: Payments are required with registration and must be received prior to the Course to guarantee your place. PAYMENT METHODS BY CHEQUE / BANK DRAFT : Made payable to CLARIDEN GLOBAL INTERNATIONAL LIMITED and mail to: 3 International Business Park, #04-29, Nordic European Centre, Singapore BY TELEGRAPHIC TRANSFER TO: Bank Name: Standard Chartered Bank Bank Code: 7144 Bank Branch Code: 001 Bank Address: 6 Battery Road, #01-01 Singapore Bank Account No: Bank Account name: CLARIDEN GLOBAL INTERNATION LIMITED SWIFT Code: SCBLSGSG Please note that all bank charges are to be borne by participants. Please ensure Clariden Global International Limited receives the full invoiced amount. Note: Please include invoice number on all payment types and your company s name in your payment instructions for our reference. CREDIT CARD: To make payment by credit card, please call our client services hotline at WAYS TO REGISTER C L A R I D E N Knowledge for the world business leaders admissions@claridenglobal.com Fax: Call: Website: DATE AND LOCATION This executive program will be held at: Kowloon Shangri-La, Hong Kong April Mody Road, Tsim Sha Tsui East Kowloon, Hong Kong Tel : (852) Fax : (852) Website : The fee for this two-day executive program includes all written materials, lunch and refreshments. HOW TO REGISTER AND PAY An invoice and registration confirmation will be sent within 7 days, please contact us if you have not heard from us within 7 days. Payment can be made by credit card, by bank transfer or by cheque made payable to Clariden Global International Limited. ALL PAYMENTS MUST BE RECEIVED IN ADVANCE OF THE EVENT. ACCOMMODATION Accommodation is not included in the program fee but you will be entitled to use our corporate rate for your accommodation. Information will be sent along with your registration confirmation. SPONSORSHIP INTERESTED IN PROMOTING YOUR ORGANIZATION TO OUR PARTICIPANTS For more information on sponsorship, tabletop displays & insert opportunities, please contact us at CANCELLATIONS AND SUBSTITUTIONS Once we have received your booking, the place(s) are confirmed. No refunds will be made for any cancellations, however, program credits of equivalent value only applicable for Clariden Global events will be provided. Credits can only be redeemed for 1 program and is valid for only one (1) year from date of issue. Substitution with a qualified candidate is allowed by providing at least 5 working days of advance notice to Clariden Global. One time substitution is allowed with no charges. Subsequent substitutions will be charged 10% admin fee. ALL CANCELLATIONS MUST BE RECEIVED IN WRITTEN FORM PLEASE NOTE: Clariden Global International Limited reserves the right to change the content and timing of the programme, the speakers and the date and venue due to reasons beyond their control. If in the unlikely event that the course is cancelled, Clariden Global International Limited will refund the full amount and disclaim any further liability. ENQUIRIES: If you have any queries about registration or payment please do not hesitate to contact our client services department on PRIVATE DISCLOSURE STATEMENT: Any information provided by you in relation to this event is being collected by Clariden Global International Limited and will be held in the strictest confidence. It will be added to our database for the primary purpose of providing you with information about future events and services. Visit us at for upcoming events FOR OFFICIAL USE FEE RECEIVED REFERENCE L4040/LC/JN