G.S. 84
For discussion
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on 22nd May 1979
XCR(79)111 Copy No
PA
32
SY
Hkk 2101
MEMORANDUM FOR EXECUTIVE COUNCIL
Labour Tribunal Ordinance. (Chapter 25)
DESK OFFIC• &
-INDEX
LABOUR TRIBUNAL (AMENDMENT) BI 19
13
Introduction
Under the Labour Tribunal Ordinance (Chapter 25) the tribunal has exclusive jurisdiction to hear and determine certain monetary claims arising out of breaches of a contract of employment or apprenticeship, or a failure to comply with the provisions of the Employment Ordinance (Chapter 57) or the Apprenticeship Ordinance (Chapter 47), and several related
matters.
2
Under section 9 of the Ordinance, the tribunal has no jurisdiction over a claim or part of a claim where the cause of action arose more than 6 months before the claim is filed An exception is made where the parties have agreed that the tribunal shall have jurisdiction, or where they have agreed to the severance of that part of a claim extending beyond the 6 months limitation period.
3
Where the claim is out of time, and the defendant does not agree to the tribunal's jurisdiction, or to the severance of part of the claim, then the claimant must take his claim to the Small Claims Tribunal (if the amount involved is under $3,000) or to the District Court.
4
One reason for the short limitation period is to maintain the principles of simplicity and swift justice. Older claims tend to take longer to investigate, and become more difficult to prove. However, it has been found that a small but significant number of otherwise suitable cases has to be turned away. Commonly such cases involve arrears of wages or com- mission earned, particularly commission on sales by local manufacturers to overseas clients, where there may be a consi- derable delay in delivery and payment. There is no doubt that the Labour Tribunal, with specialised procedures and experience, is best suited to hearing these claims,
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