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洪敬一

洪敬一

管理合伙人

Ken 于 1994 年从首尔来到澳大利亚,他毕业于邦德大学, 2004 年获得新南威尔士州律师资格。 他拥有十余年为上市企业和私人公司提供法律服务的经验。 Ken 是澳大利亚韩裔小区的活跃成员,他曾是澳大利亚韩裔律师协会( KALA )和澳大利亚韩裔青年领袖( KAY)的主席。 现在,Ken是韩裔小区法律服务中心的首席律师、新南威尔士州多元文化事务所的顾问委员会委员, 和新南威尔士州医疗委员会的委员。 Ken 可以说流利的英文和韩语。

专业领域

资质

  • 律师资格(新南威尔士州最高法院)

  • 移民代理(MARN0744689 )

  • 国际公证律师

法律咨讯

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工作场所与雇佣

临时工 vs 正式工

2020年5月20日,澳大利亚联邦法院全席法庭对WorkPac Pty Ltd v Rossato一案作出判决。 此案聚焦并围绕劳务派遣公司WorkPac Pty Ltd(以下简称 “WorkPac”)和Robert Rossato (以下简称“Rossato”)之间的雇佣关系进行展开。该公司派遣Rossato先生到Glencore公司名下两处位于昆士兰州的矿山工作。Rossato先生作为临时员工 (casual employee)工作的三年半期间,签订的是滚动合同(rolling contract)。作为一名临时员工,他在工资的基础上还获得了25%的额外报酬 - 这是为了弥补临时员工未能享有类似年假等福利的通常做法。 澳大利亚联邦法院全席法庭驳回 WorkPac 认为Rossato先生是临时员工的主张,判定他属于正式员工(permanent employee)。联邦法院基于以下理据,做出上述判决:Rossato先生的工作性质是 “定期(regular)、稳定(certain)、连续(continuing)、持续性(constant)” ,而且有事先被告知工作日程。 Rossato先生有资格享受根据《2009年公平工作法》(Fair Work Act 2009 Cth)和企业协议(Enterprise Agreement)中全国就业标准(National Employment Standards - NES)所规定正式员工应享有的福利,其中包括带薪年假,个人病假/照顾者假,丧病假及法定公共假日等。 这一判决对于雇佣临时员工的雇主,无论是通过直接雇用、外包劳务、转包等不同的雇佣途径,都是不能忽视的重要判决。对于该判决,联邦政府可能会采取干预措施或向最高法院提出上诉,但是在判决发生改变之前,雇主现在应该仔细审查与临时员工之间的雇佣安排,更新与临时员工的合同条款。雇主应重新考量与劳务派遣公司以及派遣员工之间的关系,特别需要注意以下三点: 雇主应该进行阶段性审查与临时员工的雇佣安排,并考虑与临时雇佣相比,兼职或固定期限等其他形式的雇佣关系是否更加合适。 如果临时雇佣关系仍然适用,雇主应该注意合同中是否单独列明临时员工会获得额外报酬,由于临时员工不享受全国就业标准(NES)以及正式员工的应享福利。我们建议雇主与临时员工签署一份声明,表明如果之后被认定为正式雇佣关系,雇主有权要求员工退还之前所获得的额外报酬。 我们建议雇主至少每年定期审查临时雇佣合同。以评估该合同下的雇佣关系是否会被认定为工作日程稳定并且持续的雇佣关系。 如果您认为WorkPac Pty Ltd v Rossato的判决结果,会对您公司现有员工的工作安排有所影响,或者在处理与员工之间的雇佣关系上需要专业的法律意见,请与我们联络。

24 Jun 2020


事务所动向

H & H Lawyers Kenneth Hong洪敬一律师入选“40 Under 40: 最具影响力的亚裔澳大利亚青年领袖人物”

热烈祝贺H & H Lawyers Kenneth Hong,洪敬一律师入选专业职业领域“40 Under 40: 最具影响力的亚裔澳大利亚青年领袖人物“。 此项荣誉由墨尔本大学、澳大利亚国立大学、PwC(PricewaterhouseCoopers)联合举办的澳大利亚亚洲领导力峰会(Asian-Australian Leadership Summit,简称‘AALS’)颁发,旨在表彰澳大利亚亚裔青年领袖人物。 AALS峰会评审团队从包括文化与体育、非盈利与公共事业、公司与商业、教育、创业、科学与医疗、专业职业、政府机构的八个领域评选出40位最具影响力的亚裔澳大利亚青年领袖,庆祝新一代澳大利亚亚裔青年取得的成就,并扩大入选人的社会影响力,使他们出众的领导力广泛惠及大众。

17 Sep 2019


事务所动向

Bringing the worlds of business together – H & H Lawyers

Thursday, 13 June 2019 – Rise of the boutique law firm Doing business with international partners – whether it be an entity operating on Australian soil or a local brand venturing offshore – can be fraught with difficulty. Between establishing a fresh customer base, navigating new laws, regulations and corporate governance, creating effective relationships and becoming nuanced with cultural mores (perhaps the trickiest of all), the business of doing business has the potential to bring an enterprise undone. For instance, exchanging a business card using one hand rather than two can be seen as a sign of disrespect in some cultures. Who would necessarily know? With Australians increasingly undertaking business across the world and with Asian powerhouses such as Japan, Korea and China, navigating the behind-the-scenes landscape, as well as providing direct services and advice, has become all important. Business owners and operators need to focus on what they do best, so employing people who specialise in troubleshooting make-or-break sensitive legal, technical and cultural matters is a vital and strategic move. Sydney’s H & H Lawyers offers this official and unofficial role in its capacity as a firm on the path to being Australia’s biggest ‘‘Asian’’ law firm. H & H Lawyers’ services include commercial and corporate advisory, acquisitions, dispute resolution, employment law, corporate migration and intellectual property. “Our bilingual lawyers have been inundated with work representing multinational corporations and government agencies from Japan, Korea and China that want to expand their businesses into Australia,” says Principal Ken Hong. “We have also been very busy acting for local clients with Japanese, Korean or Chinese backgrounds, or that have transactions with their counterparts in those three countries. “Demand for our services has escalated, so we are rapidly expanding to meet the demand.’’ Fellow Principal Yukio Hayashi says a vital aspect of the firm’s work includes “bridging fundamental cultural differences”. “This cross-cultural dexterity is not necessarily part of our brief, but it’s what we offer as well, as it is so essential,’’ he says. “Our team not only speaks the languages, but also intimately understands the cultural nuances of Asia. This saves our clients so much time in getting straight to the actual issues and resolutions. Without the right knowledge of culture, a lot of key messages can be lost in translation, particularly legal concepts, leading to a frustrating experience for all. “We had one situation recently in which there was an investment in an Australian business by a Japanese company. There were excellent managers and staff in situ, but the incoming management from Japan had their way of doing things that did not rest well with the Australian team, and vice versa.” “This friction was no one’s fault, but we made it our job to navigate the cultural minefield. We were able to get each side to see things from the other’s perspective and that made all the difference.” Hong and Hayashi say that by going this extra mile, the law firm can resolve difficulties and help international-facing businesses to thrive. “The importance of Australia’s trade relationships with Korea, China and Japan need no further explanation,’’ says Hong. “They are our top three trading partners. We look forward to continuing with our work and contributing to Australia’s successful trade relationships with those three countries.” Says Hayashi: “Our firm is well placed and equipped to help clients have a more fruitful, efficient and enjoyable experience in doing business.’’

13 Jun 2019


法规更新

Get set for a 3.0% increase to base pay rates

​The Fair Work Commission has announced a 3.0% increase to minimum wages following its 2019 Annual Wage Review. The new national minimum wage will be $740.80 per week or $19.49 per hour. The increase applies to base pay rates from the first full pay period starting on or after 1 July 2019. What do I need to do? Nothing for now. We’re working on updating our pay tools with the new rates. This usually takes us around 3-4 weeks. We’ll send you an email when the updated pay rates are available. Who does the increase apply to? The change only applies to employees that get their pay rates from the national minimum wage, a modern award or in some cases a registered agreement. Most employees are covered by an award. If you’re not sure which award applies to you or your employees, you can use Find my award on our website. Find out more: Annual Wage Review Decision Fair Work Commission – Annual Wage Review 2018 – 2019 Privacy Policy Follow us onTwitter, LinkedIn or like us on Facebook for updates on the minimum wage decision and other important news affecting your workplace.

31 May 2019


新闻发布

Do not respond to blackmail, report to the police

http://www.hanhodaily.com/news/articleView.html?idxno=52941 One of the most formidable challenges that Korean business operators encounter, an open meeting about the Australian employment law and criminal law matters in relation to threats and blackmails from the organizations impersonating labour unions was held on the 24TH of July 2017 (Monday) at the Hanho Korean Daily Culture Centre where approximately 70 Korean business operators residing in Sydney attended. Although there were many info sessions about the Australian employment law for the Korean Australian community, it was the first time having a public lecture related to the criminal law. At the open meeting hosted by the Hanho Korean Daily and the ITap, Mr Ken and Mr John Kahn, lawyers from the H&H lawyers, shared useful information about the Australian employment law and criminal law respectively. An editor from the Hanho Korean Daily, Mr Go Jik Soon explained the background of the open meeting as follows: “There were few occasions where some Korean business operators in Sydney were threatened and blackmailed in relation to their violation of the employment law by the people who are not from a government regulatory agency. Inspectors from the Fair Work Ombudsman (FWO), which is the government agency in charge of labour management, investigate any issues according to due process of law . Thus, no one can and should not threaten, blackmail or extort any properties from the business operators even if they as employers have breached any employment laws. Today’s speech is to highlight the importance of employment law and explicate how to respond to the illegal acts such as blackmailing by a third party according to criminal law. In any case, I have prepared today’s event for your business to flourish while being able to cope with employment law.” Thereafter, Mr Ken explained the critical points in understanding employment law and clarified the National Employment Standards(NES), Awards, Termination of employment in general and on grounds of redundancy, the FWO’s roles and the National Workplace Relations Employer Checklist. Mr Ken further explained the following matters regarding the Employer Checklist: distinct classifications of employees into those working 38 hour standard week, part-timers or casuals, that the workers, if working as employees in substance, cannot be hired as independent contractors with ABN, checking the Visa Entitlement Verification Online system (VEVO), mandatory record-keeping (including pay slip) obligations for 7 years, the illegality of paying salary in cash without tax deduction, a monthly superannuation contribution of more than $450 for receiving employees, mandatory obligation to offer a safe working environment. Also, he emphasized that an employer should prioritize and comply with an industrial agreement, an award, even more than an employment contract. After the speech as to employment law, the Korean Australian business operators of hair salon and F&B industry shared to the rest about their personal experiences. The CEO of the Dongnim F&B, Mr Jong Yoon Byeon shared his OWN personal experiences while working with many different industries, and he also mentioned that when hiring employees, his company always ensures to take note of their employees’ visa conditions, entry dates, addresses both in Australia and Korea, and their emergency contact numbers. Following that, during the speech about criminal law, Mr John Kahn illustrated about what procedures to take on the occasions if the police do not receive a report of a case which is ought to be done, demanding unjust requests by extortion or blackmailing (the maximum penalty is 10 years imprisonment), impersonating a Commonwealth official (maximum penalty is 2 years imprisonment), stalking or intimidation with intent to cause fear of physical or mental harm (maximum penalty is 5 years imprisonment or $5500 fines), Apprehended Violence order(AVO). In light of the extortion or blackmailing matters directed to the Korean employers in Sydney who pay low wages to their employees, Mr John Kahn said “employers should not respond to any types of threats to extort money. If they experience such, they should immediately report it to the police and share about it to their neighbours.” Due to high attendance, the Q and A session followed by the speech lasted for almost approximately 50 minutes. One of the business operators introduced his own experience having been extorted and threatened by the Koreans who impersonated a labour union. Also another Korean Australian business operator asked the following question: “ In reality, there are many people from different communities besides the Koreans who complain that it is very difficult for them to do business while giving minimum wages to the employees. In fact, there are many people who give up doing business. Many of the business operators have concerns and doubts as to whether they can continue doing business. As the Australian government should have been already cognizant of such a realistic problem, why does the government still strive to enforce the law, and in light of that, what are the opinions of the lawyers?” Mr Ken explained “ Both the Australian government and the FWO recognize the current difficulties of doing business more than ever before. However, laws are to be obliged. Although 100% compliance with laws is difficult, it is still necessary to do business wisely within the boundaries of laws. Especially, it is important to refrain from committing very serious violations of laws such as fabricating documents. Also, if the FWO happens to intervene in labour dispute matters, it would be most sensible for business operators to be cooperative.” One of the employers in his 50s said that “ It is indeed true I have been doing business in a hit or miss manner. Thanks to the open meeting, I learnt a lot of new information. It was very helpful because it was the very first open meeting about employment and criminal law. The speech at the open meeting would be further detailed in the Hanho Daily News Paper. Further, the speech would be recorded as a video accessible to everyone. By So Hyun Jeon: rainjsh@hanhodaily.com 

26 Jul 2017


新闻发布

457 Visa Abolition Seminar. Reflects high interest - Hanho Daily

H&H Lawyers with the help of Hanho Korean Daily and iTAB held a seminar for the Korean community on 1 May 2017, in light of the sudden abolition of the 457-visa announced by Prime Minister Malcolm Turnbull early last month. More than 180 Korean Australians attended the seminar and shown a great interest in learning about the new change to their visa options. Held at Hanho Daily’s Eastwood office, Kyung Il Hong and Young Jun Kim of H&H Lawyers led the seminar for the attendees that consisted mostly of employers, employees who had or were planning to apply for the 457 visa, international students, working holiday and business visa holders. Mr Hong and Mr Kim began the seminar with a brief explanation of the background to this abolition before moving to the changes made to the occupation list. In order to assist the participants in understanding and appreciating the situation properly, the seminar continued with a structured plan, addressing several important issues such as key takeaways from this change, effective date of the abolition, different effects this change may cause in different circumstances, conditions of the replacement visa (TSS) and case studies. As the hosts had initially expected around 100 attendance across Sydney, the number of attendees at the seminar illustrated just how much the Korean community paid attention. After a 40-minute seminar, Min Sun Song another lawyer from H&H Lawyers joined and held a Q&A session, responding to individual questions that each attendee had. The Australian Government is expected to announce the next TSS and quota for 2017-18 financial year. The seminar will be uploaded to YouTube for those who were not able to attend the seminar themselves.

02 May 2017