XN000022-1987-06-24 — Page 23

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WEDNESDAY, JUNE 24, 1987

IS

HE SAID THE BASIC PROBLEM WITH UNFAIR DISMISSAL LEGISLATION LEGAL DEFINITION OF WHAT IS AND WHAT IS NOT UNFAIR OR UNREASONABLE.

THE

"THE EXPERIENCE OF THE UK IN INTRODUCING SUCH LEGISLATION DOES NOT FILL ONE WITH CONFIDENCE IN THIS PARTICULAR APPROACH ΤΟ DEALING WITH THE PROBLEM, HE SAID.

*

MR PAGLIARI SAID THE INDUSTRIAL RELATIONS ACT OF 1971, WHICH CAME INTO OPERATION IN 1972, ATTEMPTED TO PROTECT WORKERS FROM UNFAIR DISMISSAL BY PROVIDING FOR REINSTATEMENT, RE-EMPLOYMENT OR COMPENSATION WHERE A WORKER HAS BEEN DEEMED BY AN INDUSTRIAL TRIBUNAL TO HAVE BEEN UNFAIRLY DISMISSED.

HE FURTHER EXPLAINED THAT THIS ACT WAS REPEALED IN 1974 AND REPLACED BY THE TRADE UNION AND LABOUR RELATIONS ACT OF 1974, THE EMPLOYMEN ↑ PROTECTION ACT 1975 AND THE EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978, EACH OF WHICH CONTAINED SIMILAR UNFAIR

DISMISSAL PROVISIONS.

"THE EFFECT OF ALL THIS LEGISLATION ON UNFAIR DISMISSAL IN THE U.K. IS BELIEVED TO BE QUITE LIMITED BECAUSE OF THE DIFFICULTY OF DETERMIN'NG WHETHER AN EMPLOYER HAS ACTED FAIRLY, ALTHOUGH THE INDUSTRIAL TRIBUNALS TAKE INTO ACCOUNT, WHERE APPROPRIATE, PROVISIONS OF THE CODE OF PRACTICE OF THE ADVISORY, CONCILIATIONS ARBITRATION SERVICE IN REACHING THEIR CONCLUSIONS, HE ADDED.

THE

AND

NOTHING THAT ALTHOUGH THE U.K. LEGISLATION PROVIDED LEGAL PROTECTION AGAINST UNFAIR DISMISSAL FOR EMPLOYEES WITH AT LEAST TWO LAW YEARS SERVICE, MR PAGLIARI SAID THE ONLY GROUNDS SPECIFIED IN THE AS BEING UNFAIR VERE WHERE THE EMPLOYEE HAD BEEN DISMISSED CONNECTION WITH TRADE UNION MEMBERSHIP, BECAUSE BREACH OF AGREED REDUNDANCY PROCEDURES.

OF

IN

PREGNANCY OR

IN

HE SAID IN HONG KONG THERE WERE ALSO PROVISIONS, IN THE EMPLOYMENT ORDINANCE, WHICH PROTECT EMPLOYEES

FOR FROM DISMISSAL TRADE UNION MEMBERSHIP AND WHICH PROTECT THE JOBS OF PREGNANT WORKERS.

LEGAL THE NEXT

HE SAID HE WOULD INTRODUCE A BILL TO FURTHER IMPROVE THE PROTECTION OF PREGNANT WORKERS FROM UNFAIR DISMISSAL AT MEETINGS OF THE LEGISLATIVE COUNCIL.

LAWS

OF

HONG KONG

"IN ADDITION, THERE ARE PROVISIONS IN THE WHICH ENTITLE AN EMPLOYEE WITH TWO YEARS SERVICE WHO IS DISMISSED THROUGH NO FAULT OF HIS OWN TO SEVERENCE PAY,' MR PAGLIARI SAID.

14

"HONG KONG LAW ALSO PROVIDE FOR LONG SERVICE PAY, A PROVISION WHICH DOES NOT EXIST IN U.K. LEGISLATION AND WHICH WAS INTRODUCED IN HONG KONG AS A MORE EFFICIENT

ALTERNATIVE TO UNFAIR DISMISSAL LEGISLATION.

41

AND

EFFECTIVE

1

1

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