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2. What types of claim does the Tribunal hear?

In relation to employees, the Tribunal will hear the claims in respect of, for example:

 

  • wages due for work done;
  • wages in lieu of notice of termination of a contract of employment by an employer who did not give the required notice;
  • wages deducted contrary to the Employment Ordinance;
  • pay for statutory holidays, annual leave, rest days, sickness allowance, maternity leave, or severance;
  • end of year payments, double pay or annual bonuses;
  • commission;
  • long service payments;
  • terminal (termination) payments;
  • compensations for unlawful dismissal;
  • unpaid wages of up to 2 months against the principal contractor and superior sub-contractors in the building and construction industry;
  • orders for reinstatement or re-engagement; or
  • other benefits conferred by law or employment contract.

However, the Tribunal will not hear complains in respect of:

 

 

Employees should lodge their complaints with the Equal Opportunities Commission (EOC) or bring their cases to the District Court. (see: Anti-Discrimination)

In relation to employers, the Tribunal will hear the claims in respect of, for example:

 

  • wages in lieu of notice on resignation or termination of contract of employment; or
  • wages or leave advanced to the employee

The Tribunal only hears cases in which the amount of claim exceeds $8,000 for at least one of the claimants in a claim OR where the number of claimants in the claim exceeds 10 persons.

 

Claims that are lodged by not more than 10 claimants for a sum of money not exceeding $8,000 per claimant and with a cause of action that arose within one year before the date of filing of claim are normally dealt with by the Minor Employment Claims Adjudication Board.

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