Introduction
Our Employment Law Practice is a dedicated department specialising in a broad range of employment-related matters. We offer comprehensive legal services, including but not limited to, advice on employment contracts, recruitment and dismissal processes, non-compete agreements, investigations, internal handbooks, workplace policies, and regulatory compliance.
We also handle complex and sensitive issues such as wrongful termination, workplace discrimination, harassment and disputes over wages and bonuses.
Our clients range from major employers and SMEs to start-ups, senior executives, and high-profile individuals across diverse sectors, including banking and finance, insurance, publishing, hospitality, manufacturing, and professional services.
Drawing on over three decades of experience, we are confident in our ability to deliver high-quality, cost-effective, and pragmatic legal advice that is clear and actionable. Our goal is to provide robust and effective representation, safeguarding our clients’ rights and interests while maximising the likelihood of a successful outcome.
Key Contacts
Services
Our Employment lawyers act in an array of matters including:
- Drafting employment contracts, secondment and transfer agreements handbooks and employment related policies
- Terminations of employment or partnerships and entitlements/severance packages
- Redundancy, retrenchment and separation, separation agreements
- Claims for constructive dismissal, unreasonable, wrongful or unlawful dismissal (including dismissal during pregnancy and maternity leave, sick leave and in other prohibited circumstances)
- Remuneration and benefits, including deferred remuneration incentive schemes and bonus arrangements
- Restrictive covenants, enforcement, and enforceability
- Injunctive relief (including springboard injunctions)
- Labour Tribunal claims
- District and High Court actions involving discrimination, employment and shareholder issues
- Confidentiality
- Personal data privacy
- Discrimination and harassment issues
- Internal investigation on behalf of employers in respect of employees’ misconduct
- Internal training of policies and employment issues
Experience
- Acting for the successful plaintiff in a landmark Court of Appeal decision relating to payment of a sign-on bonus and wrongful deductions of sums due to an employee
- Acting for a leading insurance loss adjusting services provider in relation to proceedings in the High Court seeking a springboard injunction and other relief relating to the removal of confidential information following a team departure.
- Successfully acting for a senior executive in striking out proceedings commenced in Hong Kong by his former employer on the ground of abuse of process in Equis (Hong Kong) Ltd v George Allen Cown [2021] HKCFI 768.
- Successfully defending a senior executive in injunction proceedings and obtaining dismissal of application for enforcement of a 12-month non-compete covenant.
- Successfully defending four senior executives in a claim brought by their former employer, alleging breaches of contract and fiduciary duty and seeking enforcement of restrictive covenants: Cantor Fitzgerald Europe & Ors v Boyer & (Unreported, HCA1160/2011, 29 February 2012).
- Successfully defending two inter-dealer brokers against claims brought by their former employer, alleging bonus payments should have been included in calculation of payment in lieu: ICAP (Hong Kong) Limited v Elaine Chan & Kwok Chi Leung (HCA 636 and 637/2007) [2010] HKEC 2012.
- Advising a Hong Kong listed entity and subsidiary regarding claims and remedies to be sought from employee relating to suspected breaches of fiduciary duty and diversion of business opportunities and assisting Clients to obtain a commercial resolution of matter.
- Acting for a senior insurance broker and insurance brokerage firm in defending a claim brought by his former employer involving claims for various forms of injunctive relief.
- Acting for an SME against a group of former Hong Kong employees who left en masse to join a competitor, in which a “springboard” injunction was obtained for the company: Slik Hong Kong Company Limited v Gerald Merlyn Rhoslyn Evans & Others (HCA 1424/2005) [2005] HKEC 1730.
- Advising a leading food and beverage company on employment issues in a large-scale corporate restructure exercise.
- Advising a leading sportswear company in respect of provisions under the Employment Ordinance regarding the payment and calculation of wages as well as other statutory entitlements of the employees.
- Advising inter-dealer broking firms on employment issues arising in relation to hire of prospective employees for new business in Hong Kong, including drafting of employment contracts, and termination letters and disputing and resolving alleged claims raised by former employers.
- Advising on and negotiating employment contracts and separation agreements for directors, CEOs, CFOs, and other senior executives of various leading financial institutions, hedge funds, insurance companies and listed entities.
- Advising on employment issues in multi-jurisdiction due diligence exercises.
Accolades/Testimonials
“It’s a very positive experience working with them. They know us very well, our venue and what we provide.”
“Tanner De Witt’s advice on negotiating an employment matter was both thoughtful and realistic, allowing the parties to reach a mutually satisfactory agreement.”
Chambers and Partners Greater China 2025
Employment: Hong Kong-based (International Firms) ranked Band 2
“Russell Bennett and Mark Chiu keep their eyes on the big issues of the case, and are not shy to ask the court to completely dismiss a frivolous case against a client. They do not get sucked into the unimportant details.”
Legal 500 Asia Pacific Guide – Greater China 2024
Labour and Employment ranked Tier 2
“The employment team works closely with their civil litigation team and provides a fast response on contentious matters”.
“They provide very clear and concise analyses.”
“I appreciate their ability to translate a complex matter into bite-sized issues for discussions and considerations.”
“They offer exceptional service and attention, with humour when needed!”
Chambers and Partners Greater China 2023
Employment: Hong Kong-based (International Firms) ranked Band 2
“The team looks at the big picture and very accurately addresses the way the Court will view the case. In one case, the team chose to attack ‘abuse of process’, which they did successfully. The Judge himself considered it a big leap, but he agreed.”
Legal 500 Asia Pacific Guide – Greater China 2023
Labour and Employment ranked Tier 2
Russell Bennett is a first-class practitioner who is highlighted as “an excellent lawyer for contentious matters”.
Who’s Who Legal (WWL) 2022
Labour Employment & Benefits – Global Leader
Tanner De Witt’s partner team provides ‘excellent service ‘across the spectrum of employment matters impacting local employers and their mid-senior level executives. By dint of its independent status, the firm receives a significant amount of referral work as well as a regular flow of direct instructions, in particular from clients in the financial services industry. The team is best known for its contentious expertise, and in this respect, the ‘very responsive’
Russell Bennett has ‘in-depth experience‘ and is appreciated by clients not only for his robust representation before the courts and tribunals but also his ‘willingness to explore options to settle out of court‘.
Legal 500 Asia Pacific 2020
“In general, I see the firm as pragmatic when it comes to mediation.”
Russell Bennett is described by market sources as “very senior” and “very hard-working for clients.” He maintains a strong employment disputes practice, primarily advising on termination disputes and harassment claims, as well as pro bono employee defence work.
Chambers and Partners Asia 2020
Insights and News
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“You’re married to him?!” Is it an issue for employers in making employment decisions?
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Legal Update – Is stress an injury: when does ‘psychiatric trauma’ amount to a workplace injury?
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Key Employment Issues from the 2025 Policy Address
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Tanner De Witt promotes three solicitors
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“Finfluencers” beware! SFC suspends finfluencer for 16 months following his criminal conviction for providing investment advice without a license
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Legal Update: Proposed reduction on threshold on working hours for “continuous contract”
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Social media posts highlight workplace sexual harassment
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Factors in deciding damages for “injury to feelings” in discrimination cases
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Employment Law: 2024 Year in Review
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