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;
- 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:
- Sex discrimination within the meaning of the Sex Discrimination Ordinance;
- Discrimination against persons on the ground of their or their associates’ disability within the meaning of the Disability Discrimination Ordinance;
- Discrimination against persons on the ground of family status within the meaning of the Family Status Discrimination Ordinance;
- Discrimination against persons on the ground of the race of the person or his or hear near relative within the meaning of the Race Discrimination Ordinance.
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 $15,000 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 $15,000 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.