Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

The employment law practice at Deacons is well known in Hong Kong for representing leading clients on a range of labour and employment related issues. Cynthia Chung leads the human resources and pensions department at Deacons, and receives strong praise from peers in Hong Kong. “Cynthia is excellent,” says one rival partner. “She is particularly strong on benefits work, which is a good compliment to the employment and dispute resolution skills of the firm’s other lawyers.” Deacons’ clients also strongly benefit from the firm’s contentious capabilities in Hong Kong.

This past year, Chung and dispute resolution partner Paul Kwan advised a German retail chain in carrying out a substantial office closure, which involved 120 redundancies in two days. The labour team also represented several airlines on cost reduction exercises that included intense negotiations with powerful employment unions.

Mayer Brown JSM has an enviable list of leading multinational clients who turn to the practice for Hong Kong related employment advice. Partner Duncan Abate is head of the employment and benefits group.

This past year, the firm has advised on several high profile cases for long term client Cathay Pacific Airways. In one key matter that was monitored closely in the media, the Mayer Brown JSM team represented the carrier on its appeal to the Court of Appeal in relation to calculating statutory benefits for a cabin crew. The appeal was also closely monitored by Hong Kong employers, as the ruling could have meant implications for their own employees. Abate also led a team that advised Bank of America Merrill Lynch connection with a claim by a former employee for wrongful termination and unlawful discrimination.

Simmons & Simmons’ labour and employment practice is known in Hong Kong for its deep knowledge of Hong Kong employment law and issues at all levels. Key partner Fiona Loughrey receives high praise from her peers in the market. One partner at a rival firm says: “Fiona has an excellent practice driven by work in Hong Kong. She is very well respected.”

The employment practice at Simmons boasts an impressive client list and often receives important mandates from Barclays Wealth, MTR Corporation, Macquarie Group, Gucci Group and Bain Capital Asia. The employment team is especially praised for its advisory work, and has advised on a wide array of employment matters this year from litigation to contracts.

Bakers’ employment practice is known for its size and broad reach, with key areas of expertise including employee investigations, workplace issues and policies, restrictive covenants, benefits and compensation, terminations, immigration, transactions and litigation. The Hong Kong team is led by partner Jennifer van Dale, who has over 10 years of experience in advising on complex employment law matters.

One partner at a rival firm also had special praise for leading lawyer Andreas Lauffs, who is described as “really excellent and a tier one lawyer”.

Van Dale recently led Bakers’ employment team advising on a highly publicised contentious dispute between board members of a Hong Kong public company. The team represented the company in the removal of the chairman and vice chairman, and the termination of employment contracts.

Although not the largest firm in town, peers and clients agree that Tanner De Witt is good at what it does. Labour and employment is one of those areas of practice. Kim Boreham is a litigator by training and has a history of successfully representing clients in Hong Kong’s Court of First Instance. One peer at a rival firm describes Boreham as “knowledgeable, professional, and somebody that you want on your side in court”. Tanner De Witt’s litigation department is particularly well known in Hong Kong but the employment practice also has a strong non-contentious capability.

This past year, Boreham led a Tanner De Witt team that successfully defended two inter-dealer brokers against a claim brought by their former employer, which alleged that bonus payments should have been included in calculation of payment in lieu. The HK$50 million (US$6.4 million) dispute began in 2007.

Linklaters’ employment practice in Asia primarily focuses on helping international clients to make smart decisions and develop strategies for employing personnel in Hong Kong and China. The employment team specialises in helping clients who are hiring across multiple jurisdictions to minimise risk. In one recent example, Linklaters’ employment and incentives team represented The Royal Bank of Scotland Group on the sale of its RBS NV businesses in India to HSBC.

Minter Ellison

Minter Ellison has a growing presence when it comes to labour and employment law in Hong Kong. Counsel Winnie Ng leads the greater China employment practice and has over 10 years of specialist experience in employment, data privacy and anti-discrimination law. This past year, the practice has advised several multinationals on employee transfer, hiring, and pay and annual leave matters.