1. Unreasonable termination
Under section 32K of the Employment Ordinance, the five valid reasons for dismissal relate to:
- the conduct of the employee;
- the capability or qualification to perform work;
- redundancy or other genuine operational requirements of the business;
- statutory requirements; or
- other substantial reasons.
With regard to point (a) above, there are many examples of employees’ misconducts which may be considered as valid reasons for dismissal. These examples include: persistent lateness, drunkenness during working hours and disclosing confidential information, etc. Reasons for summary dismissal are also included (see “Summary dismissal”).
If an employee has been employed under a continuous contract for not less than 24 months and is dismissed by the employer without a valid reason as specified above, then the dismissal would be unreasonable.
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