||24 June 2022 (Friday)
||2:30pm - 5:45pm
For delegates who have prior knowledge of the subject area
||3 CPD pts (Accredited by The Law Society of Hong Kong)
Prior to joining the Bar, Patrick worked for a local confederation of trade union and frequently acted as a union advocate in the Labour Tribunal, during which he gained extensive experience in employment and partnership related matters.
Patrick practises in both criminal and civil law. He has appeared as an advocate (either in his own right or as a led junior) in the Court of Appeal, the Court of First Instance, the District Court, the Lands Tribunal and the Magistrates' Courts. He has also appeared before various quasi-judicial bodies such as the Transport Tribunal and the Insurance Agency Registration Board.
This course, going beyond the traditional analysis of employment practice, focuses on the practical aspects of employment litigation in Hong Kong.
At the end of the course, participants should be able to:
- Understand the practical considerations in employment litigation;
- Recognise the appropriate forum (courts and tribunals) for different types of employment litigation;
- Appreciate their roles in claims which fall within the exclusive jurisdiction of the Labour Tribunal;
- Appreciate their roles in anti-discrimination cases at pre-litigation stages; and
- Grasp the lessons learnt from cases.
- Overview of Employment Litigation in Hong Kong
- The Relevant Legislations and the Common Law
- Courts and Tribunals
- Litigation in the Labour Tribunal ("LT")
- Exclusive Jurisdiction - Monetary and Non-Monetary Reliefs
- Practice and Procedures in LT
- Rights of Audience and the "McKenzie Friend"
- Declining Jurisdiction - Transferring Cases to Other Courts
- Litigation in the District Court ("DC")
- The Employment Compensation/Personal Injuries Cases
- Cases transferred from LT: Conduct after Transfer
- The Anti-Discrimination cases: Roles of the Equal Opportunities Commissions ("EOC") and the Practice adopted by the EOC