Posted by
SuHK
15 yrs ago
I was wrongfully accused. The tribunal decided in my favor, case closed.
I was fired because of this case, what are my rights in seeking compensation?
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SuHK
15 yrs ago
Is there anybody out there who was wrongfully accused before? I served some time in a police station prison cell, also at a maximum security "rehab" prison due to this case. I also lost my job. As mentioned above, I was vindicated by the court. My question is, can I sue for damages?
Thanks in advance.
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i dont know the legal answer, but why not ask a lawyer? me thinks you have a case...
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Oski
15 yrs ago
Who are you trying to sue? The government? If that is the case, it is very near impossible. If you were arrested because someone supplied the government with wrong information, you can sue that person if you have enough evidence.
If you are thinking of suing your employer for getting fired, (unless you had a very favorable contract.) it is hard to say if you have enough cause for action. HK labor law offers minimal protection for employees. (i.e. maximum freedom for businesses.) Getting arrested by the authorities is good enough reason to get just about anybody fired. (they do not have to take you back if you are subsequently found not guilty.)
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talk to an employment lawyer. Is that unfair dismissal?
Does it say in the terms and conditions that if you are absent for at least so many days without good reason, they can fire you legally?
If there's unfair dismissal you can sue for financial compensation.
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SuHK
15 yrs ago
I wish I could discuss the details of the case but I can't.
I was accused by my employer. The accusation was serious that I had to be detained by the police. My lawyer didn't discuss with me how to go through the process of suing my employer. It was just mentioned that it will take a very long time (for a civil case) to prosper that it's not worth it. Thus my question to all readers if somebody has actual experience, then I can make a decision whether to proceed or not.
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Oski
15 yrs ago
Your lawyer is right in saying that going after your former employer is going to be expensive and time consuming. You can only assume your former employer will defend itself vigorously. So you better weigh the evidence you have against your employer. In order to win compensation, you must be able to prove your former employer did something wrong.
It seems that the only thing your employer did is to turn you in to the police, and then the police felt there were enough evidence against you to hold you. If these evidence were supplied by your employer, you need to offer prove that at the time your employer supplied these evidence, they knew, or at least should have known that these evidence were false, or inaccurate, but submitted them anyway. Your evidence needs to be strong. Meaning a reasonable impartial person seeing/hearing the evidence cannot fail to come to the conclusion that your employer acted wrongfully. It also means your need evidence not to show your innocence (not at issue) but to show their guilt.
If you don't have such evidence, you should probably let it go.
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so what happened at the end?
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
The information forwarded by you is inadequate to advise you fully on your rights for compensation.
Should the circumstances sustain a claim for unreasonable dismissal, an employee may claim compensation against an employer in cases where the employee:
(i) has been employed under a continuous contract for a period not less than 24 months; and
(ii) is dismissed for reasons other than those specified in the Employment Ordinance.
If an employee is unreasonably and unlawfully dismissed, possible remedy is an order for reinstatement or engagement, or an award of compensation up to a maximum of HK $150,000.
In assessing the claim a number of factors are important: the period of employment, the cause of the dismissal – in this case, the offence being accused of, the monetary loss suffered by the employee, and the possibility of obtaining a new employment, will be taken into account.
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
Theatre Lane
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : WeirLaw@weirandassociates.com
www.weirandassociates.com
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