Mediation for Labour Disputes

Dear all,

Mediation for Labour Disputes

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on mediation for disputes in employment matters.

Appointment of mediator or mediation board

Under section 11A of the Labour Relations Ordinance (Cap. 55) (“Ordinance”), laws of Hong Kong, where a trade dispute exists and whether or not ordinary conciliation or special conciliation has been attempted, the Commissioner for Labour may appoint a mediator or a board of mediation consisting of at least two persons to mediate the trade dispute.

Section 2 of the Ordinance defines “trade dispute" as any dispute or difference between employers and employees, or between employees and employees, connected with the employment or non-employment, or the terms of employment, or with the conditions of or affecting employment, of any person.

Powers of Mediator

Under section 11B of the Ordinance, the mediator appointed is empowered to inquire into the causes and circumstances of a trade dispute and may –

(a) visit premises where parties to the trade dispute or other interested parties are employed or carry on business;

(b) conduct interviews with the parties to the trade dispute or other interested parties;

(c) make observations or do such other things which the mediator considers will assist in mediating the dispute; and

(d) make recommendations in public or in private to the parties concerning the settlement of the trade dispute.

Privileged communications

Under section 11D of the Ordinance, any communications between the parties to the trade dispute and the mediator shall not be admissible in evidence in proceedings before an arbitration tribunal or a board of inquiry, except with the consent of the person who gives such information.

 

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages