Employment Ordinance

(1)
This section applies if an order for reinstatement or re-engagement is made under
section 32N
in respect of an employee dismissed in any of the circumstances mentioned in
section 32A(1
)(
c)
, whether or not the order is varied under this section or
section 32PA
(which order (as so varied, if applicable) is referred to in this section as the
principal order
).
(2)
The employer against whom the principal order is made may apply for it to be varied to the effect that the employer is relieved from the liability to pay the sum mentioned in
section 32NA(1
)(
b)
.
(3)
An application under subsection (2) may only be made on the ground that it is no longer reasonably practicable for the employer to reinstate or
re-
engage the employee in accordance with the principal
order—
(a)
because of reasons attributable to the employee; or
(b)
because, since the court or Labour Tribunal last found that reinstatement or re-engagement of the employee is reasonably practicable, a change of circumstances has occurred beyond the employer’s control.
(4)
The application may only be made to the court, or the Labour Tribunal, that made the principal order.
(5)
The application may only be
made—
(a)
not later than 7 days after the date by which the employee must be reinstated or re-engaged under the principal order; or
(b)
within such extended time as may be allowed by the court or Labour Tribunal.
(6)
Before determining the application, the court or Labour Tribunal must give an opportunity to the employer and the employee to present each of their cases in respect of the application.
(7)
In determining the application, the court or Labour Tribunal may take into account any relevant considerations.
(8)
The court or Labour Tribunal
may—
(a)
refuse the application;
(b)
order that the principal order be varied to the effect that the employer be relieved, wholly or partly, from the liability to pay the sum mentioned in
section 32NA(1
)(
b)
; or
(c)
make any order that it considers just and appropriate in the circumstances, including specifying a later date as the date by which the employee must be reinstated or re-engaged.