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Wrongful termination, also known as unlawful dismissal, refers to a situation where an employer terminates an employee's contract of employment in breach of the terms of the contract, or contrary to the provisions of the Employment Ordinance of Hong Kong. Wrongful termination is often based on factors such as unlawful discrimination, retaliation, refusal to commit illegal acts, and termination without proper notice or severance pay. In Kowloon, Hong Kong, employees can seek legal recourse if they have been wrongfully terminated.
Although the process of filing a wrongful termination claim is straightforward, the legal intricacies involved can be complicated for a lay person. A lawyer is instrumental in understanding the scope of employment laws, identifying if your rights have been breached, gathering evidence, negotiating settlements, and advocating on your behalf in court if necessary. If you have been terminated without cause, in violation of contract terms, or under discriminatory circumstances, you may require the assistance of an employment lawyer.
The Employment Ordinance is the main legislation governing wrongful termination in Hong Kong. Employers cannot terminate an employee’s contract without notice or payment in lieu unless it's under gross misconduct. Employers are also forbidden from dismissing any employee on statutory paid leave, during pregnancy or maternity leave, or for asserting their rights under the Employment Ordinance. Additionally, termination decisions based on sex, marital status, pregnancy, family status, or disability are deemed unlawful. If the termination involves violation of any of these provisions, it's considered wrongful and the employee is entitled to remedies.
Wrongful termination happens when an employer terminates an employee in violation of legal rights, contractual terms, or based on discriminatory grounds such as race, sex, religion, or disability.
The remedies can include reinstatement, re-engagement, or terminal payments covering severance pay, notice period salary, and compensation for any loss suffered due to the termination.
Although you can file a claim on your own, it is advisable to seek legal advice since the process can be complicated, and a lawyer can help protect your interests.
Evidence may include emails, text messages, voice recordings, witness testimonies and any other documentation indicating discriminatory practices, retaliations, or breach of contract terms.
The duration can vary depending on the case specifics. It includes the time taken for investigations, negotiations, and potential court hearings.
In Kowloon, you can seek assistance from the Labour Department of Hong Kong or the Equal Opportunities Commission, which provide resources and support for understanding and filing wrongful termination claims.
If you believe you've been wrongfully terminated, it is recommended to consult with a lawyer specializing in employment law as soon as possible. Document all interactions regarding your termination and gather evidence to support your claim. Contact the Labour Department or the Equal Opportunities Commission for further assistance and guidance.
