Need legal advice, pls help me.

We are 22 people working in the local company in hk. We have one local incharge who treated us so bad. Everytime we have some mistake he will just scold and insult us in public. He just treat us like a dog because we are minority. One of our supervisor approached to him many times and requested him not to behave the way he is behaving toward us. But he never changed. So we decided to approach the personnel dept. and to our local boss through letter stating that our incharge is treating us so bad. Couple of weeks he became nice to us . But after that he slowly changed to his old character. After two months he suddenly fired our supervisor without questionable reason. So we all become one and went to the personnel dept. We handed one letter demanding that we no longer want to work under his command and we want our supervisor back or else we all can't continue our work. We indicated ultimatum stated that terminate him or terminate all of us. After discussed with personnel dept. our supervisor is remain until decision is made by the company. But nobody cares, boss nor personnel dept. Company supposed to give decision today but nobody call us. Should we still wait for decision or are we terminated or go to work tomorrow?what we have to do is there a case here of unlawful dismissal and racial discrimination? please advice us.Thank you.

So far as I can see from your message you haven't been terminated - you have simply stated an ultimatum that has passed. In the meantime the supervisor has been temporarily reinstated, presumably as an emergency measure until the fuss dies down.


You say that you are experiencing racial discrimination, so presumably you are not Chinese. Even if that is the case, that doesn't really give you much to go on as HK doesn't protect people against racial discrimination.


If the company hasn't actually fired you, you probably have the following options:


1. Keep working and keep agitating for the boss to be removed. It may prove difficult to do this as there will be alot of reluctance on the part of the company to give into your demands, especially if you are part of a minority group.


2. Just put up with it. Only you know the answer to this.


3. If your boss is being horribly abusive, then you might have a claim of "constructive dismissal". This is the situation where, for various reasons, your employer makes your situation untenable (for example, by demoting you, or not giving you appropriate work to do, or otherwise breaching their basic obligations to you). In a claim of constructive dismissal, you are not actually dismissed. Instead, you resign, complaining that you have been "constructively" dismissed. This then puts you in the position of being able to make a claim in the Labour Tribunal of unfair dismissal. The situation you are describing seems to be pointed in that direction. Also, of course, if the company is now biding its time untl it can find a way of replacing you all, then if and when it does this and you can balme the reason of your actions to call for the sacking of your boss, then you ahve another situation of unfair dismissal.


My advice is to go to the Labour Tribunal and seek their advice. You are in a really difficult position and the choices are not easy for you. Keep asking to meet directly with senior management. Make sure you are making diary entries about what is happening - unless you do this, any actions you later take will NOT be resolved in your favour.


Good luck

we are in a very difficult situation i even heard that one by one they will dismiss us. a-mann thanks for your advice. We will try to go to the Labour Tribunal and seek for their advice.thanks again.

I doubt very much that there is anything you can do. There was a similar situation at a local company, they started a design and engineering consultants with an American guy who was supposed to be the GM. He was exactly the same, abusive, bullying and extremely racist against locals. The staff turnover was huge, and this guy thought he was god. Eventually he moved the office to Shekou in China and remained the same. There are a few people who who were employed there (in HK office) and left who are now looking at the Labour department - they at least have 6 years to lodge a complaint. However I have my doubts as to whether it will succeed. I wish them well though, that guys competence was nowhere near a match for his ego.

Sorry i never reply directly, evildeeds and aussieinla thanks .We're very upset because all of us was terminated.We don't know what to do we really need a clear answer to all this mess.We're all a family man we need a job to survive here.We learned a big lesson in our life that never complain even your superior will treat you very bad, just be a dog and you can have your job.We,re very very sad because our boss already got a replacement of all the whole team.The sad thing is that our boss said we,re the one who made the mess.Please give us some more advice.thanks.

aussieinla thank you so much for the advice.We will try to contact EOC. again thank you for your advice.

Today four of our traitor betrayed us. They went to work. Rest of us stick together and hold the ground what we stands for. Now we leave it to God's hand. Pls! help us we are professional bodyguards with good driving skills.

You allege that your boss' treatment of you may amount to racial discrimination. In that case, you may approach us. We represent individual clients in filing cases with the EOC. We have ample experience dealing with discrimination claims and have a track record of successful conciliation or change of policy in 80% of our cases. You may approach us with details below:


Roddy Shaw

Principal Consultant

Diversity Factor

http://www.diversity-factor.com

+852 81999463