Employment Law Alert - July 2010

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Welcome to our July 2010 edition of Employment Law Alert, in which we consider several recent cases particular to Hong Kong.

Recent Decisions:

• Zielona Transport Ltd v Au Sou Lin HCLA 46/2008

• Tadjudin Sunny v Bank of America CACV 173/2009

• Sit Ka Yin Priscilla v Equal Opportunities Commission & Ors [2010] HKCU 370

Zielona Transport Ltd v Au Sou Lin HCLA 46/2008

Employer successfully counter claims "unjust enrichment" of employee who voluntarily opted to be hired as a contractor instead of an employee but who subsequently claimed statutory employment benefits...

Tadjudin Sunny v Bank of America CACV 173/2009

An claim based on an alleged implied 'anti-avoidance' term survives a strike out application on appeal...

Sit Ka Yin Priscilla v Equal Opportunities Commission & Ors [2010] HKCU 370

Employee’s claims of disability and sex discrimination failed due to lack of supporting evidence and comparing treatment with inappropriate "comparators"...

Please see full alert below for more information.

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