WEDNESDAY, JANUARY 22, 1975
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EMPLOYMENT (AMENDMENT) BILL 1975
A BILL TO RESTORE THE RIGHT OF EMPLOYERS AND EMPLOYEES TO CLAIM LIQUIDATED DAMAGES FOR WAGES IN LIEU OF NOTICE WAS
INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY.
MOVING THE SECOND READING OF THE EMPLOYMENT (AMENDMENT) BILL 1975, THE COMMISSIONER FOR LABOUR, THE HON, ÍAN PRICE SAID THAT A CONTRACT OF EMPLOYMENT COULD NORMALLY DE TERMINATED UNDER THE EMPLOYMENT ORDINANCE DY GIVING ADVANCE NOTICE OR DY PAYMENT OF WAGES IN LIEU.
UNTIL VERY RECENTLY
IT WAS THOUGHT THAT WHERE A CONTRACT OF EMPLOYMENT IS WRONGFULLY TERMINATED DY EITHER PARTY, A LIQUIDATED SUM EQUAL TO WAGES IN LIEU OF NOTICE WAS PAYABLE TO THE OTHER PARTY, HE SAID.
HOWEVER, THE FULL COURT HAD RECENTLY HELD THAT THIS WAS NOT THE CASE UNDER THE LAW AS WORDED AT PRESENT.
THE FULL COURT HAD RULED THAT THE REMEDY WAS THE ORDINARY COMMON LAW ACTION TO CLAIM UNLIQUIDATED DAMAGES FOR BREACH OF CONTRACT,
HE ADDED THAT UNLIQUIDATED DAMAGES COULD NOT BE PREDETERMINED AND HAD TO BE PROVED IN EACH CASE.
+HENCE
+THIS WAS NOT THE INTENTION OF THE LAW, HE SAID. IT IS PROPOSED, UNDER A NEW SECTION DA IN CLAUSE 2, TO RESTORE THE LEGAL POSITION TO THAT WHICH IT WAS ALWAYS THOUGHT TO BE.
THE DEBATE ON THE SECOND READING WAS ADJOURNED.
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