CPD Course:
Employment Law
- Principles and Practice

Sanjay Sakhrani is a commercial barrister and has practised in Hong Kong since 1996.  He specialises in civil disputes with a particular interest in employment, commercial fraud, injunctive relief, shipping and professional negligence.  He has appeared for the HKSAR Government on judicial review and tribunal appeal briefs and has been increasingly involved in matrimonial disputes.

Outside of his private practice, he is a CEDR and HKMAAL-accredited General Mediator, has deputised as a District Judge in 2013 and 2014 and is a member of the Inland Revenue Board of Review.  He has been a University lecturer for 15 years and is currently working on accreditation as a Family Mediator.

Mitchell advises local and overseas clients on a large variety of contentious corporate, and commercial disputes.  He appears mainly in the High Court and District Court of Hong Kong, and often is engaged in alternate dispute resolution procedures including attending mediation.  Mitchell also considers some general commercial issues.

Mitchell completed his LLB in Queensland, Australia, and practiced mainly in civil and commercial litigation, dispute resolution and insolvency.  He was also engaged in-house for a government authority working on commercial litigation, appeals in the Planning and Environment Court, intellectual property and some general commercial matters.

In Hong Kong, Mitchell has previously worked as a solicitor in a domestic law firm advising and representing various clients including corporate insurer clients on disputes including personal injury, property damage, recovery and Employee's Compensation claims.  He has also lectured in a Hong Kong university on business law and internet law subjects.

Publications & Awards:

• Winner LESANZ prize for Patent Law and Commercialization, (QUT), awarded 2007
• Author Liability of ISP's for Defamation in Australia: are things getting easier?
  2006 9(8) INTLB 95

• The Employment Relationship - Employer/Employee Defined


• Duties Owed
1. Duty of fidelity
2. Fiduciary duties


• Drafting Express Clauses
1. Restrictions during employment
2. Confidential information
3. Garden leave
4. Practical application


• Overview of the Employment Ordinance (Cap. 57) and Anti-Discrimination Legislation


• Post Termination Issues
1. Types of restrictive covenants for post-termination protection
   What constitutes legitimate business interests?
   What constitutes reasonableness?
2. Non-solicitation
3. Non-completion
4. Non-poaching
5. Non-dealing
6. Confidentiality clauses


• Dispute Resolution - Suspicion or Discovery of Competitive Activity
1. Jurisdiction (Labour Tribunal and Courts)
2. Evidence
3. Strategy
4. Mediation and Conciliation
5. Commercial considerations


• Termination of Employment and Interim and Final Remedies