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Wrongful termination, also known as unfair or unlawful dismissal, refers to a situation where an employer terminates an employee's contract of employment against the stipulations of the Employment Ordinance established by Hong Kong law. This can include a range of scenarios, such as dismissal without valid reason, discrimination, retaliation, or violation of contractual terms.
If you believe you have been wrongfully terminated, it is advisable to seek the counsel of an expert lawyer who is familiar with employment laws in Yuen Long, Hong Kong. They can help you determine if there is a case for wrongful termination, and guide you in the right direction for pursuing legal recourse. A lawyer can also support you during negotiations and represent your best interests in court if necessary.
The key legislation covering wrongful termination in Yuen Long, Hong Kong is the Employment Ordinance. This law mandates that employers cannot dismiss employees without valid reason during certain periods such as pregnancy or while on paid sick leave. Also, if an employee is dismissed without a legitimate reason, benefits, and severance pay stipulated in the Ordinance must be paid. Discrimination, victimization, or termination due to whistleblowing are also recognised as inappropriate grounds for dismissal.
Wrongful Termination involves situations where an employer terminates an employee’s contract of employment against the stipulations of the law - such as dismissal without valid reason, discrimination, retaliation or violation of contractual terms.
If you believe you’ve been unjustly dismissed, it's advisable to consult a legal expert who can evaluate your situation and provide guidance accordingly. Document all interactions relating to your termination and keep track of any evidence that might be relevant.
If a court finds in your favour in a wrongful termination case, you may be entitled to compensation. This could include unpaid wages, severance pay, and possibly damages for emotional distress.
Under the Hong Kong Employment Ordinance, employers are not permitted to dismiss employees who are on paid sick leave except in cases of severe misconduct.
Whistleblowing or raising concerns about workplace violations should not lead to dismissal. Termination in such cases can constitute wrongful termination.
Additional resources include the Hong Kong Labour Department and the Equal Opportunities Commission, which provide various resources and assistance for employment-related issues. Legal Aid in Hong Kong may also be helpful for those in need of legal advice but lack resources to hire a private lawyer.
If you feel you have been wrongfully terminated, it's important to promptly consult with an experienced lawyer. Ensure you document all events leading up to and following your termination, as these will be necessary in building your case. Furthermore, understand your rights and obligations under the local law and remember that you are legally protected against unfair dismissal.
