Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 32P

Award of compensation

(1) Subject to section 32M, 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 to be payable to the employee by the employer as it considers
just and appropriate in the circumstances, if-

   (a)  neither order for reinstatement nor order for re-engagement under
        section 32N is made; and

   (b)  the employee is dismissed by the employer in contravention of
        section 15(1), 21B(2)(b), 33(4B) or 72B(1), section 6 of the
        Factories and  Industrial Undertakings Ordinance ( Cap 59), or
        section 48 of the Employees' Compensation Ordinance ( Cap 282),
        whether or not the employer has been convicted of the offence in
        respect of the dismissal.

(2) In determining an award of compensation and the amount of the award of
compensation under this section, the court or Labour Tribunal shall take into
account the circumstances of the claim.

(3) Without affecting the generality of subsection (2) the circumstances of a
claim include-

   (a)  the circumstances of the employer and the employee;

   (b)  the length of time that the employee has been employed under the
        contract of employment with the employer;

   (c)  the manner in which the dismissal took place;

   (d)  any loss sustained by the employee which is attributable to the
        dismissal;

   (e)  possibility of the employee obtaining new employment;

   (f)  any contributory fault borne by the employee; and

   (g)  any payments that the employee is entitled to receive in respect of
        the dismissal under this Ordinance, including any award of terminal
        payments under section 32O.

(4) The amount of an award of compensation under this section shall be such
amount as the court or Labour Tribunal considers just and appropriate but no
such award shall exceed an amount of $150000.

(5) The Commissioner for Labour may amend the amount specified in subsection
(4) by notice in the Gazette. (Part VIA added 75 of 1997 s. 4)