Latest from Employment Notes

On 22 March 2024, the Cyberspace Administration of China (CAC) officially issued and implemented the “Regulations on Promoting and Regulating Cross-Border Data Flow” (Data Flow Regulations). These regulations will greatly facilitate employers in implementing cross-border transfer of employee data. This update will summarize the key content of the Data Flow Regulations.
Before the implementation of

The recent Court of First Instance decision in Manulife Financial Asia Limited v Kenneth Joseph Rappold & ors [2024] HKCFI 989 emphasises the importance of carefully drafted non-compete restraints with regard to geographical scope, degree of specificity regarding confidential information and consequences of misuse, and duration. In assessing the justification for relief for alleged breach

The Occupational Safety and Health (Amendment) Act 2022 (OSH Amendment Act) will come into effect on 1 June 2024. The OSH Amendment Act expands the applicability of existing safety duties under the Occupational Safety and Health Act 1994 (OSHA) to most workplaces, and introduces new safety obligations and increases penalties for safety violations.
Extension of

The Supreme Court has ruled that UK trade union legislation is incompatible with the European Convention of Human Rights in failing to prohibit detriment (short of dismissal) for taking part in lawful industrial action.   It is now for Parliament to legislate to delineate the required protection.  Until then, the position for private sector employers is

Whistleblowing protection is available where the employer subjects a worker to detriment or dismissal because they have made a ‘protected disclosure’.  Two recent EAT rulings have clarified how much the decision-maker must know about the disclosure for a claim to succeed – and therefore flag potential defences to employers facing a claim:

  • Where the person