22.
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To enhance the protection against anti-union discrimination, and to overcome the technical difficulty of establishing in court the employer's intention to discriminate, it is proposed that if an employee is dismissed on grounds of union membership or activities, he may make a claim for compensation to the Labour Tribunal, and the burden of proving that the dismissal is not discriminatory should rest with the employer. Employers failing to discharge the burden of proof will be liable to pay a compensation to the employee.
FINANCIAL AND STAFFING IMPLICATIONS
23.
The proposed mediation scheme will have some minor financial implication, e.g. payment for the prominent "neutral" figures who act as mediators. The other proposals have insignificant financial implications. There is no staffing implication.
ECONOMIC IMPLICATIONS
24.
Economic implications are insignificant.
PUBLIC CONSULTATION
25.
The Labour Advisory Board and the LegCo Panel on Manpower will be consulted.
PUBLICITY
26.
A press release will be issued. A spokesman will handle media enquiries.
Ref.: EMB CR 1/3051/93 II
EDUCATION AND MANPOWER BRANCH
OCTOBER 1993
No comments yet.
Private notes are available after approval.