Labour Tribunal Ordinance

(1)
Where a claim is transferred to the tribunal under
section 8(3)
of the Minor Employment Claims Adjudication Board Ordinance (
Cap. 453
) or under
section 7
of the Small Claims Tribunal Ordinance (
Cap. 338
)—
(Amended
28 of 1999 s. 18
)
(a)
the claim shall upon such transfer be regarded for all purposes as a claim brought under this Ordinance;
(b)
all requirements under this Ordinance that would have to be fulfilled in relation to the claim before it could be inquired into, heard and determined by the tribunal if it were a claim brought under this Ordinance shall upon such transfer be deemed to have been fulfilled in relation to the claim.
(2)
Where a counterclaim or
set-
off and counterclaim is transferred to the tribunal under
section 10
of the Small Claims Tribunal Ordinance (
Cap. 338
)—
(a)
the counterclaim or
set-
off and counterclaim shall upon such transfer be regarded for all purposes
as—
(i)
a claim or counterclaim; or
(ii)
a claim or set-off and counterclaim,
as the case requires, brought under this Ordinance;
(b)
all requirements under this Ordinance that would have to be fulfilled in relation to the counterclaim or
set-
off and counterclaim before it could be inquired into, heard and determined by the tribunal if it
were—
(i)
a claim or counterclaim; or
(ii)
a claim or set-off and counterclaim,
as the case requires, brought under this Ordinance shall, upon such transfer, be deemed to have been fulfilled in relation to the counterclaim or
set-
off and counterclaim.
(Added
28 of 1999 s. 18
)