Originally Posted by
peasant
They are not. But the most a court can award you is your notice period. So if company pays you your notice period - no recourse.
The Employment Ordinance is quite clear.
1. The employer should give "legal" notice, or payment in lieu of notice. Otherwise it is a "wrongful" dismissal. This is what you refer to.
2. There could be an "unlawful dismissal", e.g. a pregnant woman. Then the Labour Tribunal can order reinstatement (if both parties agree) or an award compensation not exceeding HKD150,000
3. The Employment Ordinance list five major reasons for dismissal. In case of "unreasonable" dismissal, the employer should reinstate the employee (if both parties agree) or pay an award.
CX employee could claim that the dismissal is "unreasonable' and CX would counter that they have substantial reasons. It could also be that the employment contract contains clauses about employees conduct.