Employment Ordinance

(1)
Subject to
section 32M
, 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 to be payable to the employee by the employer as it considers just and appropriate in the circumstances,
if—
(a)
neither order for reinstatement nor order for re-engagement under
section 32N
is made; and
(b)
the employee is dismissed by the employer in contravention of
section 15(1)
,
21B(2
)(
b)
,
33(4B)
or
72B(1)
,
section 6
of the Factories and Industrial Undertakings Ordinance (
Cap. 59
), or
section 48
of the Employees’ Compensation Ordinance (
Cap. 282
), whether or not the employer has been convicted of the offence in respect of the dismissal.
(2)
In determining an award of compensation and the amount of the award of compensation under this section, the court or Labour Tribunal shall take into account the circumstances of the claim.
(3)
Without affecting the generality of subsection (2) the circumstances of a claim
include—
(a)
the circumstances of the employer and the employee;
(b)
the length of time that the employee has been employed under the contract of employment with the employer;
(c)
the manner in which the dismissal took place;
(d)
any loss sustained by the employee which is attributable to the dismissal;
(e)
possibility of the employee obtaining new employment;
(f)
any contributory fault borne by the employee; and
(g)
any payments that the employee is entitled to receive in respect of the dismissal under this Ordinance, including any award of terminal payments under
section 32O
.
(4)
The amount of an award of compensation under this section shall be such amount as the court or Labour Tribunal considers just and appropriate but no such award shall exceed an amount of $150,000.
(5)
The Commissioner for Labour may amend the amount specified in subsection (4) by notice in the Gazette.