7. What constitutes unreasonable and unlawful dismissal?
Dismissal in the following circumstances contravenes the law:
- dismissal of a pregnant employee;
- dismissal while the employee is on paid sick leave;
- dismissal because an employee has given evidence or information in any proceedings or inquiry in connection with the enforcement of labour legislation, industrial accidents or breach of work safety regulations;
- dismissal for trade union membership and activities; or
- dismissal of an injured employee before the parties concerned have entered into an agreement for employee's compensation or before the issue of a certificate of assessment for the injury.
If the employee is dismissed other than by a valid reason as specified in the Employment Ordinance AND the dismissal is in contravention of the law as specified in (1) to (5) above, it would result in an unreasonable and unlawful dismissal.