To support the Government's efforts to stop the spread of the coronavirus, we will postpone upcoming roundtable luncheons, seminars, training programmes and networking receptions. Safeguarding public health is our top priority. We will announce the new date in due course and arrange a full refund for those who have booked. Thank you for your understanding.
As corporate staff and human resources managers, you may have encountered the following 17 "currently extremely tough" human resources issues. In this one-day workshop, the speaker used relevant court cases and recent guidelines from courts to advise employers and human resources professionals on some compliance and enforceable human resources measures to resolve such "currently extremely tough" issues.
The workshop will cover the following issues:
1. Human resources department makes a mistake and causes the employer to be convicted of a criminal offence - Strict Liability Offence. What are the implications of recent convicted cases to employers? And how can the human resources department cope with the potential legal risks?
2. How can employers handle employees taking unpaid leave legally? What are the common legal disputes on unpaid leave?
3. How can an employer legally proceed redundancy and avoid unfair dismissal or violation of the Discrimination Ordinance? What are the recent court cases relating to relevant disputes?
4. How can an employer handle employee strikes and work-to-rule? What are the court rulings on related cases?
5. Reasonable and legal arrangements for restructuring and employee transfer: How should the employer carry out restructuring legally?
6. Social media is popular. How does the court judge employees using "private occasion", "freedom of speech" as defenses to attack corporate management practices on their own social media channels under the reasonable dismissal litigation?
7. Employers and human resources practitioners often unconsciously commit the "employer's breach of contract", putting themselves subject to litigation by employees, such as: "unreasonable transfer arrangements", "bullying and insults from supervisors", and "unreasonable disciplinary action". How can we hedge against such risks?
8. In many contracts for sales professionals, the employer reserves the right to modify the commission policy and the mobility terms of the transfer arrangement. If the employees' income is reduced by 30%-40% after the transfer, does the employer commit a breach of contract, and how does the court judge the dispute?
9. Unlawful deduction of salary is a "strict liability offence" and is criminal. Can an employer deduct salary upon lateness of staff? Is lateness same as absenteeism? What is the general definition of court ruling on absenteeism? How should the employer develop a human resources policy to handle lateness while avoiding related legal risks?
10. Based upon the medical assessment of an injured employee, if the employee cannot perform the original job, can the employer dismiss the employee based on "frustration of contract" in common law? If the employer arranges "easier job" for the employee, can the employer adjust the salary accordingly?
11. After a long work injury leave, can the employer refuse the employee's request to return to working accordance with the law?
12. In recent years, there have been increasing cases of employees complaining of "pregnancy discrimination". What measures must be taken by the human resources department and what legal principles should be followed to ensure that the employer is exempt from relevant legal risks?
13. Employees returning to work after a work-related injury or a chronic illness, and their performance is poor. If the employer dismisses the relevant employee, what factors will the court consider in deciding whether the employer has committed discriminatory dismissal?
14. If the contract clearly states that the employer may require employees to work without leave compensation or only have working-hour compensation on rest days, how can the employer develop an effective and legally binding overtime policy on weekday, contractual and statutory rest day?
15. To prevent employees from abusing sick leave, can the employer amend the current sick leave policy without breaking the law? Can the employer require employees with habitual sick leave arrange for a designated doctor, and provide detailed medical records?
16. Recent court cases on protecting the company's interests and barring former employees from using company confidential information, and important guidelines.
17. Recent court cases on using business card information obtained on social occasions for direct sales, which violates the Personal Data (Privacy) Ordinance.