Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 32K

Reasons for the dismissal or the variation of the terms of the contract of employment

Due to technical constraints, sections 32A, 32B, 32C, 32D, 32E, 32F, 32G, 32H,
32I, 32J, 32K, 32L, 32M, 32N, 32O, 32P and 32Q of this Ordinance are placed
after section 32 in the BLIS system. The correct sequence of the sections
should be "32A, 32B, 32C, 32D, 32E, 32F, 32G, 32H, 32I, 32J, 32K, 32L, 32M,
32N, 32O, 32P, 32Q, 32". For the purposes of this Part, it shall be a valid
reason for the employer to show that the dismissal of the employee or the
variation of the terms of the contract of employment with the employee was by
the reason of-

   (a)  the conduct of the employee;

   (b)  the capability or qualifications of the employee for performing work
        of the kind which he was employed by the employer to do;

   (c)  the redundancy of the employee or other genuine operational
        requirements of the business of the employer;

   (d)  the fact that the employee or the employer or both of them would, in
        relation to the employment, be in contravention of the law, if the
        employee were to continue in the employment of the employer or, were
        to so continue without that variation of the terms of his contract of 
        employment; or

   (e)  any other reason of substance, which, in the opinion of the court or
        the Labour Tribunal, was sufficient cause to warrant the dismissal of
        the employee or the variation of the terms of that contract 
        of employment. (Part VIA added 75 of 1997 s. 4)