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Wrongful termination, also known as unlawful dismissal, is defined as the termination of an employee’s contract of employment against the Employment Ordinance regulations in Hong Kong. The Ordinance gives all employees, including those in Sheung Wan, the right to claim for unfair dismissal, and to seek proper compensation when their rights are infringed.
Wrongful termination cases can be complex and they often require an extensive understanding of employment law. While the labor tribunal offers a platform for employees to pursue their claims, the cases can be challenging without legal expertise. Situations where a lawyer's assistance may be invaluable include disputing the reasons for dismissal, negotiating the calculation of termination payments, or whenever there is a possible violation of your statutory rights such as discrimination or retaliation.
The Employment Ordinance in Hong Kong outlines various rights and protections for workers. In terms of dismissal, it stipulates that an employer cannot unfairly dismiss an employee without a valid reason such as misconduct or poor performance. Furthermore, it provides that employees who have been dismissed for exercising their statutory rights are entitled to compensation. There are also strict rules about notice periods and severance payments. Failure to adhere to these provisions can constitute wrongful termination.
A termination is considered 'wrongful' when it violates the provisions of the Employment Ordinance, or when a contract is terminated in a discriminatory manner.
Yes, if you believe you've been wrongly terminated, you can file a claim with the Labour Tribunal.
Successful claimants may be entitled to damages or compensation, reinstatement or re-engagement, etc., depending on the specific circumstances of the case.
Proof depends on the specific violations involved. This may include evidence of discrimination, retaliation, or that the reasons for termination provided by the employer are false.
It is advisable to obtain legal advice right away. A lawyer can guide you through the process of filing a claim and can help ensure that your rights and interests are protected.
The Labour Department of Hong Kong is a government agency that provides resources and services related to employment rights and responsibilities. The Hong Kong Bar Association and Law Society of Hong Kong also provide resources and can refer individuals to experienced attorneys.
If you believe you have been wrongfully terminated, you should consult with an experienced employment lawyer as soon as possible. They can help you understand your rights, discuss your options, and represent you in proceedings before the Labour Tribunal. The lawyer can also help you navigate the complexities of Hong Kong's wrongful termination laws and ensure that necessary legal timelines are followed.
