Employment Ordinance

(1)
For the purposes of
section 32N(4
)(
d)
and (6)(g), the following sums are payable by the employer to the
employee—
(a)
the sums that would have been awarded if neither an order for reinstatement nor an order for
re-
engagement had been made,
namely—
(i)
the amount of terminal payments that would have been awarded under
section 32O
; and
(ii)
if the employee has been dismissed in any of the circumstances mentioned in
section 32A(1
)(
c)
—the amount of compensation that would have been awarded under
section 32P
; and
(b)
if the employee has been dismissed in any of the circumstances mentioned in
section 32A(1
)(
c)
, a sum that is the lesser of the
following—
(i)
$72,500;
(ii)
3 times the employee’s average monthly wages as calculated in accordance with
section 32NB
.
(2)
In determining the amounts mentioned in subsection
(1
)(
a
)(
i)
and (ii), the court or Labour Tribunal must not take into account the sum mentioned in subsection
(1
)(
b)
.
(3)
The Commissioner may, by notice published in the Gazette, amend subsection
(1
)(
b
)(
i)
by substituting another amount for the amount specified in that subsection.