Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.72B

Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc.

(1)
No employer shall terminate, or threaten to terminate, the employment of, or in any way discriminate against, any of his employees by reason of the fact that the employee
has—
(Amended
61 of 1993 s. 9
)
(a)
given evidence, or agreed to give evidence, in any proceeding for the enforcement of this Ordinance;
(Amended
29 of 1992 s. 3
)
(b)
given information to a public officer in any inquiry made by such officer for the purposes of or in connection with the enforcement of this Ordinance;
(c)
given evidence, or agreed to give evidence, in any proceeding relating to an accident to an employee arising out of and in the course of his employment or for the breach of a statutory duty in relation to the safety of persons at work; or
(Added
29 of 1992 s. 3
)
(d)
given information to a public officer in any inquiry made by such officer for the purposes of or in connection with an accident to an employee arising out of and in the course of his employment or for the breach of a statutory duty in relation to the safety of persons at work.
(Added
29 of 1992 s. 3
)
(2)
Where an employer is convicted of an offence under
section 63A(5)
in respect of an action prohibited by this section, the court or magistrate before which the conviction is obtained may, in addition to any fine that may be imposed, order the employer to pay as compensation to the employee who was the victim of the offence, such amount as the court or magistrate considers appropriate having regard to the circumstances of the case.
(Added
61 of 1993 s. 9
. Amended
103 of 1995 s. 23
)