The Employment (Amendment) (No.2) Ordinance 2018 Reinstatement or Re-engagement Order for Unreasonable and Unlawful Dismissal
The Employment (Amendment) (No.2) Ordinance 2018 comes into operation on 19 October 2018.
Where an employee has been unreasonably and unlawfully dismissed on or after 19 October 2018 and the employee makes a claim for reinstatement or re-engagement, the Labour Tribunal may make an order for reinstatement or re-engagement without the need to secure the employer’s agreement if the Tribunal considers that the making of such an order is appropriate and practicable. If the employer eventually does not reinstate or re-engage the employee as required by the order, the employer shall pay to the employee a further sum, amounting to three times the employee’s average monthly wages and subject to a ceiling of $72,500. The employer commits an offence if he/she wilfully and without reasonable excuse fails to pay the further sum.