Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 32M

Remedies for employment protection

(1) On a claim for remedies under this Part if the court or Labour  Tribunal
finds that the employer has not shown a valid reason as specified under
section 32K, the employer is deemed to intend to extinguish or reduce any
right, benefit or protection conferred or to be conferred upon the employee by
this Ordinance and the dismissal or the variation is deemed to be unreasonable
and the court or Labour Tribunal may make an order under section 32N or an
award of terminal payments under section 32O.

(2) On a claim for remedies under this Part if, in relation to the dismissal
of an employee in any of the circumstances mentioned in section  32A (1)(c),
the court or Labour Tribunal finds that the employer has not shown a valid
reason for that dismissal within the meaning of section 32K and, upon that
finding the employer, after having been given an opportunity to do so, refuses
or fails to show that the dismissal is not in contravention of-

   (a)  section 15(1), 21B(2)(b), 33(4B) or 72B(1);

   (b)  section 6 of the Factories and Industrial Undertakings  Ordinance (
        Cap 59); or

   (c)  section 48 of the Employees' Compensation Ordinance ( Cap 282), then
        the court or Labour Tribunal may make an order under section 32N or an
        award of terminal payments under section 32O and, in the case where
        the court or Labour Tribunal does not make an order under section 32N,
        the court or Labour Tribunal may, whether or not it has made an award
        of terminal payments under section 32O, make an award of compensation
        under and in accordance with section 32P to be payable to the employee
        by the employer as it considers just and appropriate in the
        circumstances.

(3) An order or award made under this Part shall not affect the civil or
criminal liability of an employer otherwise than under this Part in respect of
the dismissal or the variation of the terms of the contract  of employment.
(Part VIA added 75 of 1997 s. 4)