What's unreasonable or unlawful?
Unreasonable/ Unlawful Dismissal Protection
- You may claim for remedies for unreasonable dismissal if you have been employed for a period of not less than 24 months and you are dismissed without valid reasons.
- You may seek remedies for unlawful and unreasonable dismissal if you are dismissed without a valid reason and under the following circumstances:
|1. You are dismissed while on paid sick leave.|
|2. You are dismissed after suffering from an injury out of and in the course of employment and before an agreement on employees’ compensation has been reached or before the issue of a certificate of assessment of employees’ compensation.|
|3. You are dismissed while pregnant or on maternity leave.|
|4. You are dismissed after you have given evidence or agreed to give evidence or information to a labour officer or to the court about an alleged offence committed by the employer under the Employment Ordinance|
|5. You are dismissed for being a member of a domestic workers’ union or participating in the union’s activities.|
|Valid Reasons for dismissing a domestic worker|
|1. The worker purposely disobeys a lawful and reasonable order, misconducts herself, is guilty of fraud or dishonesty, or is habitually neglectful of her duties. Examples of these are theft and child abuse. It is not a valid reason for the employer to dismiss a worker for refusing to work in another address other than the home of the employer or to perform non-domestic duties.|
|2. The worker is not capable or qualified to perform her duties.|
|3. The employer no longer needs the service of or can no longer afford to employ a full-time domestic worker (in which case you are entitled to severance pay).|