LABOUR TRIBUNAL (FORMS) RULES

LABOUR TRIBUNAL (FORMS) RULES

LABOUR TRIBUNAL (FORMS) RULES

(Cap. 25, section 45)

[1 March 1973.]

1. These rules may be cited as the Labour Tribunal (Forms) Rules.

2. The forms contained in the Schedule may be used in the tribunal
with such variations as the circumstances may require.

SCHEDULE [rule 2.]

FORM 1


LABOUR TRIBUNAL
ORDINANCE

(Chapter 25)

TITLE TO CLAIM: GENERAL FORM


Claim No. of 19


between (a)............................................................... ........................ Claimant(S)


and

(b).............................................
......................................... Defendant(s)


Note: (a)Insert full name and address of each claimant and, in the case of a
representative claim, the name and address of each person
represented.


(b) Insert full name and address of each defendant.






FORM 2 [s. 11.]


LABOUR TRIBUNAL
ORDINANCE
(Chapter 25)


FORM OF CLAIM


(title as in Form ]

TO THE DEFENDANT.

The claimant claims the amount of

particulars of the grounds for which and the manner in which it is calculated are
set out as follows:

(a) I. The grounds for the claim are:


................................
...........................
...............................................................................

(b) 2. The amount of claim is calculated as follows:

................................

.....................................
Dated this
day of .............................19


.......of

Filed this .day of 19


Registrar.


Note: (a) Set out sufficient particulars to inform the defendant of the grounds
for the claim.

(b) Set out in full the manner in which the amount of claim is calculated
and whether it includes any interest or expenses.

(c) This claim must be signed by each claimant or person represented
before the date of hearing.






FORM 3 Is. 13.1



LABOUR TRIBUNAL
ORDINANCE
(Chapter 25)
NOTICE OF PLACE AND DAY FIXED FOR HEARING


[title as in Form 1]


TO THE
DEFENDANT.
M :

TAKE NOTICE that this claim has been made by the claimant against you and


will be heard at a tribunal to be held at


before ..........Presiding Officer, on the day

..at

AND TAKE NOTICE that if you do not attend at the time and place mentioned,
U , the claim will be heard in your absence and such award or order may be made
in



your absence as the tribunal thinks fit.

Dated this ..........day of 19

Registrar.




(a) This notice and a copy of the claim was served by me on ........................

.......................................... at on
the .day


of ........19


............................................................

(Signature of recipient of (Signature of process server).
claim and notice).

Delete whichever is not applicable.




Labour Tribunal Ordinance.





FORM 4



LABOUR TRIBUNAL
ORDINANCE
(Chapter 25)


NOTICE OF NEW PLACE AND NEW DAY FIXED FOR HEARING


[title as in Form 1]

To THE
DEFENDANT.


TAKE NOTICE that this claim will be heard at ..............................................



on the ..................day of 19 at and



any previous notice of the place and date of bearing is hereby cancelled.


Dated this ...........day of 19



Registrar.






This notice was served by me on at

on the ..day of ......19


(Signature of recipient of notice).(Signature of process server).


Delete whichever
is not

Note: (a)Service shall be effected in accordance with section 13(2) of the

Labour Tribunal Ordinance.






FORM 5 rule 7.1


LABOUR TRIBUNAL ORDINANCE

(Chapter 25)

NOTICE OF DAY OF HEARING BY COURT TO WHICH CLAIM
HAS BEEN TRANSFERRED

In the 'High/District Court of Hong Kong


[title as in Form]

TO ALL PARTIES INTERESTED.


TAKE NOTICE that this claim has been transferred to this Court and will be


heard at .....on the ....day of ...19


at ....* a.m./p.m.

Dated this .............day of 19



Registrar,
*Supreme CourilDistrict Court.



This notice was served by me on at
........................

on the ..day of ......19


....................(.Signature.
ce) ......................... Signature . . . .. of . process
.. server .



Delete whichever is not applicable.






Note: (a)Service shall be effected in accordance with the Labour Tribunal
(General) Rules.






FORM 6 [s. 14(1) & (Gen.)



LABOUR TRIBUNAL ORDINANCE
(Chapter 25)

SUMMARY OF FACTS

[title as in Form ]


TO THE PRESIDING OFFICER.
:

tribunal officer, on the .............day



of .......19 ..received a copy of this claim from the registrar

and have inquired into the facts thereof, a summary of which is set out in the



following:

1. By a contract of employment made *orally/in writing, *(a copy of which


is attached) on the ..............day of 19


the claimant(s) agreed *to serve/employ the defendant(s) as
on the following terms:

(a) ........................................................................................

(b) ........................................................................................


(d) ........................................................................................


2. *The claimants) were dismissed from the services of the defendant(s) on


the ......day of .........19



3. *The dismissal was made *orally/in writing *(a copy of which is


attached).


4. *The defendant(s) left the services of the on the


day of
................................. 19





5..........................*The defendant(s) gave *no notice,
days' notice to the


claimants).

6..........................*The claimant(s) became ill on the day of



and informed the defendant(s) *or ally/in
writing

*(a copy of which is attached) of *his/their illness and the opinion of


*his/their medical advisor *(a copy of which is attached) he/they


would be unable to resume work for days.

7. *The following facts are agreed by the claimant(s) and the
defendant(s):


(a) ............
........................................................



(b)....................................................................... 1

(C) ........................................................................................

(d) ........................................................................................
)

8. *The claimant(s) dispute(s) the following facts:



(a)
...................................................................



(b) .................................

(c) ........................................................................................

(d)
........................................................................................ (I-

*The defendant(s) dispute(s) the following facts: .......................







(d) ........................................................................................






10. The following facts are, in my opinion, of assistance to the tribunal:

(a)
........................................................................................

(b)
........................................................................................


(c) ..........................................................



(d)
........................................................................................
11. The following persons have refused to be interviewed by me: F


(a) ..........................................................



(b) ........


(C) .......



(d)

12. The following persons have been interviewed by me but have refused to F


*make any statement/ answer any question put to
him:



(a)
........................................................................................

(b)
........................................................................................


(c)
........................................................................................
(in)

(d) ........-

( F)

Dated this ..day of .....19



Tribunal Officer.




is not applicabic.

Note: To be completed in duplicate and delivered to the registrar not later than
24 hours after the completion of the necessary inquiries.






FORM 7

LABOUR TRIBUNAL ORDINANCE
(Chapter 25)


CERTIFICATE OF CONCILIATION

[title as in Form ]


. ..............authorized officer, hereby *certify/report-



*That the following *claimant(s)/defendant(s), having been interviewed by me,


*has/have indicated *his/their refusal to take part in conciliation:

(a) ....................... ......................................................................


2 . ........................................................................................

3 ................................................
...................................... ...........

4.............................................
..................................................

*That the parties to this claim, having taken part in conciliation, have not
been
able to reach any settlement.

*That having interviewed the parties to this claim, 1 am of the opinion that

tAJA conciliation is unlikely to result in a settlement being
reached.

*That having interviewed the parties to this claim, 1 am of the opinion that


conciliation may prejudice the interest of the *claimant(s)/defendant(s).

(b)............Dated this .day of 19




Authorized






*W . ................ tribunal officer, having studied the

above report, certify that it is true and correct.

(b) Dated this .day of .....19



Tribunal Officer.

Delete whichever is not applicable.
6 03 C't

Note: (a) Insert full name of each claimant or person represented, or defendant
who refuses to participate in conciliation.

(b) To be delivered to the registrar not later than 24 hours before the
date fixed for the hearing of the claim.
(c) To be filled and signed by the tribunal officer if the authorized officer
has reported to him on conciliation.

FORM 8 [s. 15(3).]

LABOUR TRIBUNAL ORDINANCE
(Chapter 25)
( A
NOTICE OF ADJOURNMENT

[title as in Form 1

TO THE COMMISSIONER FOR LABOUR.

TAKE NOTICE that it appearing to me that there is a reasonable likelihood

of a settlement of this claim being agreed to by all or some of the parties thereto,

I have ordered that bearing of this claim be adjourned to the day

of ........19 .at .....*a.m./p.m.

Dated this ..day of .....19

Presiding Officer.


Delete whichever is not applicable.






FORM 9 [s. 15

LABOUR TRIBUNAL ORDINANCE
(Chapter 25)


ADVICE OF RESULT OF CONCILIATION


[title as in Form 1]


TO THE PRESIDING OFFICER.


Conciliation has been held by me pursuant to section 15(4) of the Labour

Tribunal Ordinance between the *(following) parties to this claim:


*A settlement has been agreed to by such parties.


*1 am of the opinion that there is no reasonable likelihood of a settlement being

agreed to by such parties.

*The following has resulted from conciliation:


Dated this ..day of .....19

............... .
*Authorized Officerl
for Commissionerfor Labour.


Delete hichever is not applicable.

the date to which hearing has been adjourned.






FORM 10 [s. 15(7).]

LABOUR TRIBUNAL ORDINANCE
(Chapter 25)

CERTIFICATE OF SETTLEMENT

[title as in Form I]
We, .................................................................................................................

.....................
.....................
parties to this claim, hereby agree to a settlement of this claim on the following

P]
terms:

(b)

.......................................
.......................................
The above agreement has been interpreted to us in the .......................................

dialect and understood by us.

Dated this ....day of ....19


............ ---- *
(Signature of Claimant (s)


(Signature of Defendant (s)


Before me,

...............
Authorized Officer.

Filed this ..day of .....19

Registrar.

L.S.
Oin 1. Pt f13 I&)
Note: (a) Insert full names of those parties who agree to the settlement.
J 1 (111) *W S A A 1A Wel. 1 b A
(b) Set out in full the conditions on which the settlement is agreed.

his certificate must be signed by all parties who agree to the
settlement.






FORN4 11 [s. 31(2)(a).]

LABOUR TRIBUNAL ORDINANCE
(Chapter 25)

NOTICE OF REVIEW BY A PRESIDING OFFICER OF
HIS OWN MOTION

[title as in Form 1

TO ALL PARTIES INTERESTED.

TAKE NOTICE that in exercise of the powers conferred by section 31(1) of the

Labour Tribunal Ordinance . ......................................................................................


Presiding Officer, will review the *award/order made on the day

of ......19 .against (a)
*claimant(s)/defendant(s) to this claim.

AND TAKE NOTICE that the review will be heard at ............................................

on the ..day of .....19 .at .....*a.m./p.m.


Dated this ............day of 19
11
.......................Registrar.

..L. S.

(b) This notice was served by me on
..............................................................

at ...................on the ......day of 19


. ................................ .......................................................
(Signature ofrecipient qfnotice). (Signature qI process server).

Delete whichever is not applicable.

Note: (a) Insert full name and address of party against whom awardiorder
was made.


(b) Service shall be effected in the manner prescribed under the Labour
Tribunal (General) Rules.
*W Rig





FORM 12 [s. 31(2)(b).]


LABOUR TRIBUNAL ORDINANCE
(Chapter 25)
NOTICE OF REVIEW BY A PRESIDING OFFICER ON THE
APPLICATION OF A PARTY


[title as in Form 1 ]

1.15

TO ALL PARTIES INTERESTED.

An Application has been made by .................................................................

a party to this claim, for a review under section 31 of the Labour Tribunal

Ordinance of an *award/order made on the day

of .......19 ..in respect of this claim.

TAKE NOTICE that ................ ............. . Presiding Officer,

will review the *award/order at on the day

of ............................... 19 at *a.m.1p.m.


Dated this ..day of .....19

Registrar.



(b) This notice was served by me on

at ...................on the ......day of 19


(Signature ofrecipient o.fnotice). (Signature of process server).


Delete whichever is not applicable.

Note: (a)Insert full name of the party by whom the application has been made.

(b) Service shall be effected in the manner prescribed under the Labour
Tribunal (General) Rules.





FORM 13


LABOUR TRIBUNAL ORDINANCE
(Chapter 25)

APPLICATION FOR REVIEW OF AN *AWARD/ORDER
BY A PARTY


[tifle as in Form ]

To ............PRESIDING OFFICER.



which was heard and determined before you on the day
being dissatisfied with the *award, order


made by you in respect of this claim, hereby, pursuant to section 31(2)(b) of the

Labour Tribunal Ordinance, make application to you to review the *awardiorder.

(b).............Dated this .day of ............... 19


(Signature ol'Applicant).


* Delete whiche~er is not applicable,



Note: Insert full name of the party making application.

(b) An application for a review of an award or order must be made
within 7 days of the award or order.






FORM 14 [s. 32]


LABOUR TRIBUNAL ORDINANCE
(Chapter 25)


APPLICATION FOR LEAVE TO APPEAL ON POINT OF LAW


[title as in Form 1 ]


TO THE HIGH COURT.


I, (a) ...............a party to this claim, pursuant

to section 32 of the Labour Tribunal Ordinance do hereby apply for leave to

appeal against the *award/ order/determi nation by ....................................................

Presiding Officer, made in respect of this claim on the day

of ......19

The grounds on which 1 desire to appeal are that-


*the *award/ order/determi nation is erroneous in point of law in that- (b)

..................................................................................................................

2. ..................................................................................................................
3. ..................................................................................................................

4.......................


*the *award /order/determination is outside the jurisdiction of the tribunal in

that-(e)






Dated this ......... ................ day of 19


(d)..........Lodged this ........... day of 19



Delete whichever is not applicable.

Note.. (a)Insert full name of the party making the application for leave to
appeal.

(b) Set out the point of law in question.

(C) Set out the reasons.

(d )This application must be lodged with the Registrar, Supreme Court,
within 7 days after the date on which the written award/order/
determination appealed against was served.


FORM 15

[Deleted. L.N. 126176]

FORM 15A[(Gen.) rule 8A.]


LABOUR TRIBUNAL ORDINANCE
(Chapter 25)

NOTICE OF DAY FIXED FOR HEARING OF AN APPLICATION
FOR LEAVE TO APPEAL


[title as in Form ]

To (the applicant).

TAKE NOTICE that your application dated 19

for leave to appeal against the *award/order/determi nation of ..................................

............... Presiding Officer, made on the , day






of ...............19 in respect of this claim will be heard

at .............on the ............day of 19

at .............
Dated this ...day of 19


............... ..................................
Registrar, Supreme Court.


L.S.


This notice was served by me on ..............................................................

a t ..................on the ......day of 19


................................................................... ............................................................
(Signature of recipient of notice). (Signature ofprocess server).

D elete whiche~er is not applicable.

Note: (a) Service to be effected in accordance with the Labour Tribunal
(General) Rules.


FORM 16 [(Gen.) rule 9(1)(c).]


LABOUR TRIBUNAL ORDINANCE
(Chapter 25)


NOTICE OF DAY FIXED FOR HEARING OF AN APPEAL


In the Supreme Court of Hong Kong

[title as in Form ]


TO ALL PARTIES INTERESTED.

TAKE NOTICE that leave to appeal against the *award/ order/ determination

of ..........Presiding Officer, made on






the ...day of ........19 .in respect of this claim has

been granted. The grounds of appeal are set out in the application for leave to
l. A A

appeal, a copy of which is annexed hereto.

AND TAKE NOTICE that this appeal will be heard at ....................

on the ..day of ......19 .at .................................

Dated this .............day of 19


Registrar, Supreme Court.

L.S.


This notice was served by me on ..............................................................

at ..........on the ..day of ......19


................................................................... ............................................................
(Signature frecipient qfnotice).(Signature ol-process server).

Delete whichever is not applicable.

Note.. (a) Service to be effected in accordance with the Labour Tribunal
(General) Rules.


FORM 17 [(Gen.) rule 12(1).]


LABOUR TRIBUNAL ORDINANCE
(Chapter 25)

CERTIFICATE OF *AWARD/ORDER

[title as in Form ]

1 . ............certify that (a)

on the ...day of .....................19 obtained against

(b)
............... in the tribunal *the award of

the order for the payment of ...................................................





Dated this .............day of 19
*Registrarl Officer authorized by Presiding,
Officer under rule 12(4) of the Labour
Tribunal (General) Rules.


L.S.
(bn 1 lt 0 A)

TO THE REGISTRAR, DISTRICT COURT.


The above certificate is presented by me for registration in accordance with

rule 12(2) of the Labour Tribunal (General) Rules.


(C) Dated this ...day of 19



..for registration).


The above certificate is registered in the District Court.


Dated this .......day of 19


Registrar, District Court.


L.S.

Delete whichever is not applicable.

Note: (a) Insert full name of party in whose favour the award or order is made.

(b) Insert full name of party against whom the award or order is made.

(c) The award or order must be presented for registration not later than
12 months after the date of the award or order.






FORM 18 [s. 20A.]
LABOUR TRIBUNAL ORDINANCE
(ChapteAPPLICATION FOR RESTORATION OF A CLAIM
[title as in Form 1]
TO THE LABOUR TRIBUNAL.

1, (a) ................ a claimant
to this claim, which was struck out by the tribunal in my absence on the
........................ day of 19 ---hereby, pursuant to section
20A of the Labour Tribunal Ordinance, make application for the restoration of
the claim.
The *reason/reasons for my non-appearance at the hearing *is/are ...................

(b) Dated this .day of ......19

.....
(Signature of Applicant)-

Delete whichewr is not applicable.
Note: (0) Insert full name of the claimant making application.
(b) This application must be made to the tribunal within 7 days after the
hearing or such further period as the tribunal may allow.









FORM 19 [s. 21A.]
LABOUR TRIBUNAL ORDINANCE
(ChapteAPPLICATION TO SET ASIDE AN AWARD/ORDER
flifle as in Form 1]
TO THE LABOUR TRIBUNAL.

1, (a) a defendant
to this claim, which was heard and determined by the tribunal in my absence and
an *award/order made on the .......day of 19
hereby, pursuant to section 21A of the Labour Tribunal Ordinance, make application
to set aside the *awardlorder.
The *reason/reasons for my non-appearance at the hearing *is/are ...................
.................................
.................................

(b) Dated this ..day of .....19

.............
(Signature of Applicant).

Delete whichever is not applicable.
Note: (a)Insert full name of the defendant making application.
(b) This application must be made to the tribunal within 7 days after the
bearing or such further period as the tribunal may allow.





FORM 20 [ss. 20A & 21 A.]

LABOUR TRIBUNAL ORDINANCE
(Chapter 25)

NOTICE OF PLACE AND DAY FIXED FOR HEARING OF
AN APPLICATION TO RESTORE A CLAIM/SET ASIDE
AN .AWARD/ORDER

[title as in Form 1]

TO ALL PARTIES INTERESTED.

An application has been made by (0) ................
a claimant/ defend ant
to this claim. to---

*restore under section 20A of the Labour Tribunal Ordinance a claim which was
struck out

*set aside under section 21A of the Labour Tribunal Ordinance the *award/
order made

in the absence of the applicant on the day of
19 in respect of this claim. The reasons for the non-appearance of the applicant
are set out in the Application, a copy of which is annexed hereto.

TAKE NOTICE that the Application will be heard at a tribunal to be held at .......
.....before .............................................. Presiding
on t c ........day of ......... 19
at ..........*a.m./p.m.

Dated this ..day of 19

Registrar.

L.S.

(b)This notice and a copy of the application was served by me on
at ................................................................................................................................
......................................on
the .day of ................................ --- 19

................................................................. .......................................................
(Signature qfre,-ipient (Signature ofprocess server).
qfnotice and application).

* Delete whichever is not applicable.

Note: (a)Insert full name of the applicant.

(b)Service shall be effected in accordance with section 13(2) of the Labour
Tribunal Ordinance.




1984 L.N. 222/72. L.N. 133/74. L.N. 126/76. L.N.280/81. L.N. 203/82. L.N. 93/84. Citation. Forms. Schedule. L.N. 133/74. L.N. 126/76. L.N. 203/82. L.N. 133/74. L.N. 203/82. L.N. 133/74. L.N. 203/82. L.N. 126/76. L.N. 280/81. L.N. 93/84. L.N. 93/84. L.N. 93/84.

L.N. 222/72. L.N. 133/74. L.N. 126/76. L.N.280/81. L.N. 203/82. L.N. 93/84. Citation. Forms. Schedule. L.N. 133/74. L.N. 126/76. L.N. 203/82. L.N. 133/74. L.N. 203/82. L.N. 133/74. L.N. 203/82. L.N. 126/76. L.N. 280/81. L.N. 93/84. L.N. 93/84. L.N. 93/84.

https://oelawhk.lib.hku.hk/items/show/2259

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