Employment Ordinance

(1)
On a claim for remedies under this Part if the court or Labour Tribunal finds that the employer has not shown a valid reason as specified under
section 32K
, the employer is deemed to intend to extinguish or reduce any right, benefit or protection conferred or to be conferred upon the employee by this Ordinance and the dismissal or the variation is deemed to be unreasonable and the court or Labour Tribunal may make an order under
section 32N
or an award of terminal payments under
section 32O
.
(2)
On a claim for remedies under this Part if, in relation to the dismissal of an employee in any of the circumstances mentioned in
section 32A(1
)(
c)
, the court or Labour Tribunal finds that the employer has not shown a valid reason for that dismissal within the meaning of
section 32K
and, upon that finding the employer, after having been given an opportunity to do so, refuses or fails to show that the dismissal is not in contravention
of—
(a)
section 15(1)
,
21B(2
)(
b)
,
33(4B)
or
72B(1)
;
(b)
section 6
of the Factories and Industrial Undertakings Ordinance (
Cap. 59
); or
(c)
section 48
of the Employees’ Compensation Ordinance (
Cap. 282
),
then the court or Labour Tribunal may make an order under
section 32N
or an award of terminal payments under
section 32O
and, in the case where the court or Labour Tribunal does not make an order under
section 32N
, the court or Labour Tribunal may, whether or not it has made an award of terminal payments under
section 32O
, make an award of compensation under and in accordance with
section 32P
to be payable to the employee by the employer as it considers just and appropriate in the circumstances.
(3)
An order or award made under this Part shall not affect the civil or criminal liability of an employer otherwise than under this Part in respect of the dismissal or the variation of the terms of the contract of employment.