Labour Tribunal Ordinance

(1)
In this
section—
alternative compliance
                    application
(
替代遵令申請
) means an
                application to the tribunal that—
(a)
is made for the purposes of
section 32PA(2)
of the
                        Employment Ordinance (
Cap. 57
) in relation to an
                        order for re-engagement against an employer (
original employer
)
                        in respect of an employee; and
(b)
seeks to vary the order to the effect that engagement of the employee
                        by a successor or associated company of the original employer
                            (
alternative employer
) is to be treated as re-engagement by
                        the original employer in compliance with the order;
order for re-engagement
(
再次聘用的命令
) means an order for re-engagement made
                under
section 32N
of the Employment Ordinance (
Cap.
                    57
) (as varied under
section 32PA
or
32PC
of that
                Ordinance, if applicable);
order for reinstatement
(
復職的命令
) means an order for reinstatement made under
section 32N
of the Employment Ordinance (
Cap.
                    57
) (as varied under
section 32PC
of that Ordinance, if
                applicable);
relief application
(
寬免申請
) means an application to the tribunal that—
(a)
is made under
section 32PC(2)
of the Employment Ordinance
                            (
Cap. 57
) in relation to an order for
                        reinstatement or re-engagement against an employer in respect of an employee
                        dismissed in any of the circumstances mentioned in
section
                            32A(1
)(
c)
of that Ordinance; and
(b)
seeks to vary the order to the effect that the employer is relieved
                        from the liability to pay the sum mentioned in
section 32NA(1
)(
b)
of that Ordinance.
(2)
An alternative compliance application must be in the prescribed form.
(3)
On an alternative compliance application being made in accordance with
                subsection (2) and with
section 32PA
of the Employment Ordinance (
Cap. 57
), the
registrar—
(a)
must fix a place and date for hearing the application; and
(b)
must serve a notice, in the prescribed form, of the place and date of the
                    hearing on the original employer, the alternative employer and the
                    employee.
(4)
A relief
application—
(a)
must be in the prescribed form;
(b)
must state the grounds for making the application and the facts relevant to
                    the application; and
(c)
must be accompanied by the documents relevant to the application.
(5)
On a relief application being made in accordance with subsection (4) and with
section 32PC
of the Employment Ordinance (
Cap.
                    57
), the
registrar—
(a)
must fix a place and date for hearing the application; and
(b)
must serve a notice, in the prescribed form, of the place and date of the
                    hearing on the employer and the employee.
(6)
Unless the tribunal otherwise orders, neither an alternative compliance
                application, nor a relief application, operates as a stay of execution of the order
                in relation to which the application is made.
(7)
A stay of execution because of an alternative compliance application or relief
                application may be subject to such conditions as to costs, payment into the
                tribunal, the giving of security or otherwise as the tribunal thinks fit.