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Recent court cases lay down important decisions on human resources and management-related disputes related to discrimination ordinances. This seminar will focus on analyzing various impactful discrimination court cases that laid down in recent years, allowing employers and human resources managers to have a solid grasp of the related legal principles and court cases. By joining this seminar, participants will understand how to handle these discrimination ordinances-related human resources decisions effectively.

The following topics will be discussed:

1. The analysis of legal principles under the discrimination ordinances (Note: The understanding of these relevant principles can aid companies in handling internal complaints on breaches of discrimination ordinances and conducting complaints' investigation initiated by executive bodies.)

2. How to handle the underperformed and rule-breached employees who are chronically ill, taking sick leave frequently, on prolonged work-injury sick leave or pregnant in accordance with the laws? In court, some employers won their cases, and some did not, what are the implications of those cases to human resources?

3. In a case, an employee felt that he would be terminated soon and sought medical certificate for proving physical or mental health injury to avoid being terminated. In various cases, if employers could prove that the employees were unable to fulfill inherent job requirements, there were reasonable causes for lawful termination upon discrimination ordinance. How should inherent job requirements be defined? How can an employer terminate an employee lawfully with this cause?

4. In recent cases of disability discrimination-related to mental health, what are the reasons behind the winning or losing of employers?

5. Under the Employment (Amendment) Ordinance 2022, if an employee cannot present proof of having received COVID-19 vaccine, without being exempted, the employer may lawfully terminate him or her. Under what legal principles may the employer avoid legal risks caused by contravening the discrimination ordinances?

6. According to section 9.1 of the Discrimination Ordinance, once the employee made complaints to the company or relevant external organizations, he or she will be protected by the law. If the employer then treats that employee less favorably, the employer may be in breach of the victimization principle and may be legally liable. Some employees who are good at utilizing the grey areas of the employment law often use this principle as a safety net, maliciously make complaints to executive agencies. How could employers deal with such issue in accordance with the law in the cases?

7. After a fixed term contract ends, if the employer does not extend the contract with the underperforming and rule-breaching employee who are chronically ill, taking sick leave frequently, on prolonged work-injury sick leave or after pregnancy, how can the employer make sure that the non-extension will not breach the discrimination ordinances? In cases where the employers won, what objective factors were considered reasonable defenses?

8. In cases related to sexual harassment, where the harassing employee and the employer were both the respondents, what were the factors that allowed the employers to avoid legal risks?

9. When handling complaints made by female employees where they claimed that they were sexually harassed by male coworkers, employers usually persuade the male coworkers to voluntarily resign to settle the complaints. In recent cases, the court decided that such termination of the male employees constituted discrimination. What are the implications of these cases to human resources?

10. Section 46 stipulates that employer is vicariously liable for tortious act committed by the employee, unless the employer is able to prove to the court that he/she has taken all practicable steps to prevent that tortious act as a defense to avoid legal risks. What human resources practices should be implemented by human resources manager for possible vicarious liability defense to avoid any legal liability?

11. The employer may give termination notice to the employee in accordance with the Employment Law, but if during the notice period, the employee suffers from work injury or gets pregnant, how should the employer act? Should the employer withdraw the termination notice? Contrarily, after the employee has submitted resignation, but within the notice period, if the employee suffers from work injury or chronical illness or gets pregnant, if so requested, should the employer withdraw the resignation notice? If the employer refuses to withdraw the notice in these two situations, will he/she be in breach of the discrimination ordinances?

12. When being investigated by executive agencies, what legal issues and principles should the human resources bear in mind for the purpose of defense?

13. Discrimination issues related to human resources management:
• What are the elements of a classic defense of equal employment opportunities policy according to case law? (Note: the speaker shall provide around 15 pages of equal employment opportunities policy which may be presented at court or when complained against for the purpose of raising defense)
• During interviews, what are the sensitive questions that may contravene ordinances? How to avoid them or to change the way of asking? (50 sample questions shall be provided)
• Issuance of employment certificates may become a policy that subject employee to discrimination. What should human resources bear in mind?
In a layoff, how can an employer make sure the consistent selection principle is being abided by to avoid being complained of? What are the implications of legal cases?

Coronavirus Containment Measure:
- To prevent the spread of Covid-19, we kindly ask that all event participants wear a mask when attending the event.
- Attendees, who feel unwell are advised against in-person attendance at the Chamber. If attendees are required to undergo compulsory testing, please kindly bring along a negative PCR or RAT test result when attending physically.
- To prevent the spread of Covid-19, food and beverages will not be provided during the event.
- All visitors must scan the "LeaveHomeSafe" QR code at the entrance and undergo body temperature checks.

DISCLAIMER
Speakers' presentations at this event are intended for educational purposes only and do not replace independent professional judgment. Statements of fact and opinions expressed during this event are those of the speakers and participants and, unless expressly stated to the contrary, are not the opinion or position of the Hong Kong General Chamber of Commerce, its members, or its committees. The Chamber does not endorse or approve, and assumes no responsibility for, the content, accuracy or completeness of the information presented. Attendees should note that, with the approval of speakers, this event may be recorded, and possibly published on the Chamber's website in audio and/or video formats without further notice.

Recording, duplication or distribution of the contents of the online event is prohibited without prior written permission from the Chamber.

Speaker(s)

Raymond Fung, Principal Consultant, Strategic Consulting Ltd

Raymond Fung has implemented various human resources management projects for over 270 US, European and Mainland corporate clients in the past 22 years. He has assisted clients in handling a large number of human resources disputes and litigations with their legal teams in the Labour Tribunal, District Court and High Court, supported by his deep understanding of the law concerning human resources. Raymond has conducted over 270 public seminars on human resources related laws in the past 22 years. He has taught in many enterprises, local and overseas universities, tertiary institutions and professional organizations. He has trained more than 80,000 managerial staff and professionals, and is a three-time winner of the Award for Excellence in Training and Development. Raymond graduated from two prestigious universities in the UK and holds a double Master’s Degree in Industrial Relations, and a Master’s Degree in Business Administration. He was the Director of Training, Director of Human Resources, and General Manager of listed companies, and possesses extensive experience in human resources and corporate management.

Language Cantonese
Date and Time 2022/09/06 14:00 to 18:00
Venue Chamber Theatre, 22/F United Centre
Media Closed to media
Enquiries Cathy Chan
Tel: 2823 1282
Email: cathy@chamber.org.hk
Fee Members @ HK$950 / Non-Members @ HK$1,150
+$50 for booking offline
This event accepts Chamber Coupon (terms and conditions)
Members enjoy 30% discount with BOC HKGCC VISA Card
Notes - Bookings are only confirmed upon receipt of payment, on a first come first served basis.
- Booking transfer is allowed for corporate members with advanced notice, walk-ins are normally not accepted.
- The Chamber reserves the right to decline any booking or cancel the event. In such case, a full refund of the participation fee will be issued.
- No refund will be made for last minute cancellations or no-shows. If the booking is cancelled at least 7 days before the event, and in such cases the refund will be subjected to a 10% administration fee, or HK$100 deduction, whichever is higher.
- Members paying with their BOC HKGCC Visa Card will enjoy a 30% discount on their reservation. The discount is only applicable to the card holder, and does not extend to their guests. The discount cannot be used in conjunction with Chamber Coupons.
- A $50 handling fee per person will be charged for all offline bookings (e.g. fax, e-mail, post) for all Chamber events. Go online today by downloading our app or registering on the HKGCC website to save the environment and money.
- Priority is given to corporate members. The decision to accept or decline any booking shall be at sole discretion of the Chamber.
- Participants agree to indemnify the Chamber and the hosting party all liabilities for property damage, physical injury or death in relation to this event. Participants are advised to take their own insurance against all risks.

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