Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 32J

Jurisdiction of Labour Tribunal

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) Subject to this section, the Labour Tribunal established under the
Labour Tribunal Ordinance ( Cap 25) shall have jurisdiction to inquire into,
hear and determine a claim made by an employee under this Part in accordance
with this Part and with that Ordinance.

(2) Notwithstanding section 9 of the Labour Tribunal Ordinance ( Cap  25), the
Labour Tribunal shall not have jurisdiction to inquire into, hear and
determine a claim or part of a claim under this Part if the relevant  date in
respect of that claim falls more than 9 months before the date on which the
claim is filed with the Registrar of the Labour Tribunal, unless the parties
to the claim, by a memorandum signed by them and filed with the Registrar,
have agreed that the Tribunal shall have jurisdiction.

(3) Where the Labour Tribunal has jurisdiction by virtue of subsection (2),
the Labour Tribunal may transfer the claim to the Court of First Instance or
the District Court under section 10 of the Labour  Tribunal Ordinance (
Cap 25) and thereupon the court may make all or any of the orders or awards
provided under sections 32N to 32P but there is no jurisdiction in either of
those courts apart from such a transfer and section 9(3) of the
Labour Tribunal Ordinance ( Cap 25) does not apply. (Amended 25 of 1998 s. 2)
(Part VIA added 75 of 1997 s. 4)