Can the company sue me if I submit a claim against them at the Labour Tribunal?

[Susan]

Hello. Today I had a meeting at the Labour Relations Dept to discuss my wrongful termination & wages in arrears. My employer said they would sue me if I proceed with claim for the money they would have lost attending the court. How is this possible? Please let me know if you have any website links or if similar cases happened to someone you know. I don't have money to pay the lawyer... Please help.

Also, the employer refused to give me copies of my approved sick leave and annual leave applications, my performance appraisal and my medical certificates. Is there a law about personal data access rights for employees in Hong Kong?

[KnowItAll]

Tell them to make their claims in writing.

They're talking complete bollocks. It is NOT a court. There is a hearing where they can make their case and you can make your case, the arbitrator will try to find middle ground.

I would remind them of Chapter 25, Section 41

(1) No person shall by threats, persuasion or otherwise induce a witness or a party not to give evidence in any hearing before the tribunal.
(1A) No person shall wilfully give false evidence in any hearing before the tribunal. (Added 13 of 1995 s. 47)
(2) Any person who contravenes subsection (1) or (1A) shall be guilty of an offence and on conviction before a judge in the District Court shall be liable to a fine at level 2 and to imprisonment for 6 months. (Amended 13 of 1995 s. 47; 25 of 1999 s. 13)
(3) (Repealed 13 of 1995 s. 47)

In addition to this, the labour tribunal has powers to force the company to give them the proper records.

Chapter 25 - Section 44

Subject to section 14(5), any person who-
(a) refuses, without reasonable excuse, to comply with a lawful request made by a tribunal officer for the production to him of any records, books of account or other documents; or
(b) wilfully obstructs a tribunal officer in the carrying out of any duty under section 14,
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4.

You should at the end of the day report the stance your company has made to your assigned case officer in the tribunal.

[Susan]

thank you so much for the references. So helpful.
I am still concerned. The councellor said that if I lose my claim at the Labour Tribunal, the employer could file a claim at the District Court against me for wasting their management time. Have there been any precedents? Or is it some kind of tactics to make me drop the claim?

[JAherbert]

hi,
From the employer point view, I couldnt sue you just because you filed a compliant with labour dept. and frankly I would be a fool to try, effectively threatening the govt.

When you attend, the master will send both parties for discussion, (it is better to make notes about these threats, etc). If you cannot reach agreement both parties then have to face a judgement. However, whoever is better prepared has a best chance.
The weakest party screaming and shouting will lose or lower settlement.

In short you are safe.

An employer may sue an employee if you broke any law, poached clients, etc.