Chapter 9: Employment Protection

For both employer and helper
Q9.1	Under what circumstances can a helper make a claim for remedies against his/her employer for unreasonable dismissal?
A	The part on Employment Protection of the Employment Ordinance aims at discouraging employers from dismissing their employees in order to evade their liabilities under the Ordinance. A helper may claim for remedies for unreasonable dismissal under the following circumstances: he/she has been employed continuously for not less than 24 months; and he/she is dismissed other than for a valid reason as specified in the Ordinance.
Q9.2	What are the valid reasons for dismissal?
A	Under the Employment Ordinance, the five valid reasons for dismissal are relating to: conduct of the employee; capability or qualification of the employee for performing his work; redundancy or other genuine operational requirements of the employer; statutory requirements; or other substantial reasons.
Q9.3	Under what circumstances can a helper make a claim for remedies against her employer for unreasonable and unlawful dismissal?
A	A helper may claim for remedies for unreasonable and unlawful dismissal under the following circumstances: she has been dismissed other than for a valid reason as specified in the Ordinance; and the dismissal is in contravention of the law (see below).
Q9.4	Under what circumstances does a dismissal contravene the law?
A	Dismissal in the following circumstances contravenes the law: dismissal of a pregnant employee; dismissal whilst an employee is on paid sick leave; dismissal by reason of an employee giving evidence or information in any proceedings or inquiry in connection with the enforcement of labour legislation, industrial accidents or breach of work safety regulations; dismissal for trade union membership and activities; or dismissal of an injured employee before the parties concerned have entered into an agreement for employee's compensation or before the issue of a certificate of assessment.
Q9.5	What are the remedies for Employment Protection?
A	Remedies for Employment Protection, to be awarded by the Labour Tribunal, include an order of reinstatement or re-engagement, or an award of terminal payments and an award of compensation.
(You may refer to the "Practical Guide on Employment Protection" which is obtainable from the Labour Relations Division of the Labour Department for more details of the circumstances in which an employee is protected under the Part on Employment Protection of the Employment Ordinance, the kinds of remedies an employee may be awarded and the procedures to claim such remedies.)