You may be unfairly or wrongfully dismissed if your employer acted arbitrarily and did not have any legally recognised valid reasons for dismissal. The valid reasons for dismissal (under Hong Kong law) are as follows:
- for reasons relating to the conduct of the employee (e.g. misconduct, disobeying orders, fraud / dishonesty)
- the capability or qualifications of the employee for performing his work
- redundancy or other genuine operational requirements of the business
- legal requirements (i.e. it would be illegal to continue employing an employee)
- other reasons of substance which warrant termination or dismissal of that employee
It is generally the employer’s duty to show that there was a valid reason for terminating the employee’s employment.
You may also be entitled be given procedural fairness in your termination (e.g. the right to know of allegations concerning the employee’s conduct and the right to respond to them).