6. If I am unreasonably and unlawfully dismissed by my boss, then what can I do to protect my rights?

6. If I am unreasonably and unlawfully dismissed by my boss, then what can I do to protect my rights?

Before bringing the dispute to Court, you can try to seek assistance from the Labour Relations Division of the Labour Department (telephone hotline: 27171771 or email: enquiry@labour.gov.hk). The staff of this Division will provide a preliminary conciliation service to help in settling disputes and claims.

If you fail to settle your dispute amicably outside the court, then you can bring your case to the Labour Tribunal. The Labour Tribunal, in considering the case, may order:

1. reinstatement or re-engagement of the dismissed employee; or
2. an award of terminal payments against the employer.

Where no order for reinstatement or re-engagement is made, the Labour Tribunal may also award, in appropriate cases, compensation to the employee not exceeding $150,000 irrespective of any award of terminal payments.

For unreasonable and unlawful dismissal, if the Labour Tribunal considers the order is appropriate and reinstatement or re-engagement of the employee by the employer is reasonably practicable, such order can be made without the need to secure the employer’s agreement. 

However, please note that where an employee has been unreasonably and unlawfully dismissed before 19 October 2018, an order for reinstatement or re-engagement will only be made if both the employer and the employee agree to it.

For more details about the proceedings in the Labour Tribunal, please go to “Introduction to the Labour Tribunal”.