WEDNESDAY, MARCH 9, 1994
6
ADJUDICATION BOARD TO HEAR MINOR EMPLOYMENT CLAIMS
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CLAIMS
A BILL THAT SEEKS TO ESTABLISH A MINOR EMPLOYMENT ADJUDICATION BOARD IN THE LABOUR DEPARTMENT TO HELP RELIEVE THE HEAVY WORKLOAD OF THE LABOUR TRIBUNAL WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
SPEAKING AT THE SECOND READING OF THE MINOR EMPLOYMENT CLAIMS ADJUDICATION BOARD BILL 1994, THE SECRETARY FOR EDUCATION AND MANPOWER, MR MICHAEL LEUNG, SAID THE PROPOSAL WAS INTENDED TO PROVIDE A QUICK, SIMPLE AND INEXPENSIVE SERVICE.
THE BOARD WILL TAKE OVER THE JURISDICTION OF THE LABOUR TRIBUNAL IN RESPECT OF CLAIMS INVOLVING NOT MORE THAN FIVE CLAIMANTS FOR A SUM OF MONEY NOT EXCEEDING $5,000 PER CLAIMANT, HE SAID.
REVIEW."
"THIS MAXIMUM AMOUNT OF $5,000 WILL BE SUBJECT TO REGULAR
TT
MR LEUNG ESTIMATED THAT ABOUT 1,300 CASES, ROUGHLY ONE-THIRD OF THE EXISTING WORKLOAD OF THE LABOUR TRIBUNAL, WOULD BE PROCESSED BY THE BOARD EACH YEAR.
IT IS EXPECTED THAT THE BOARD WILL COME INTO OPERATION WITHIN SIX MONTHS AFTER THE PASSAGE OF THE BILL.
CLAIMS ARISING EMPLOYMENT FOR
UNDER THE PROPOSED BILL, ANY MINOR EMPLOYMENT FROM DISPUTES OF STATUTORY OR CONTRACTUAL RIGHTS OF WHICH SETTLEMENT CANNOT BE ACHIEVED THROUGH CONCILIATION OF THE LABOUR DEPARTMENT'S LABOUR RELATIONS SERVICE WILL BE REFERRED TO THE BOARD
FOR DETERMINATION.
SENIOR LABOUR OFFICERS WITH ADEQUATE EXPERIENCE IN LABOUR LABOUR RELATIONS IN HONG KONG WOULD BE APPOINTED AS
AND OFFICERS.
LAWS
ADJUDICATION
THE
APPLICATION
OF
ADJUDICATION OFFICER MAY ON HIS OWN MOTION
A PARTY REVIEW AN AWARD MADE BY THE BOARD
OR ON THE
WITHIN
.
14
DAYS.
OR
"APPEAL AGAINST THE AWARD OF THE BOARD SHALL LIE: WITH THE HIGH COURT ON THE GROUND THAT THE AWARD IS ERRONEOUS ON A POINT OF LAW OUTSIDE THE JURISDICTION OF THE BOARD, SAID MR LEUNG.
"A
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PARTY MAY REGISTER THE AWARD IN HIS FAVOUR IN THE DISTRICT COURT AND, UPON REGISTRATION, SUCH AWARD BECOMES FOR ALL PURPOSES A JUDGEMENT OF THE DISTRICT COURT AND MAY BE ENFORCED ACCORDINGLY, HE ADDED.
"
THE PROCEDURES FOLLOWED BY THE BOARD IN HEARING CLAIMS WOULD BE AS SIMPLE AND INFORMAL AS POSSIBLE.
MANNER.
HEARINGS WILL BE CONDUCTED IN PUBLIC, AND IN AN INFORMAL
NO LEGAL REPRESENTATION ON EITHER SIDE WILL BE ALLOWED.
DEBATE ON THE BILL WAS ADJOURNED.