Striking a Balance on Strikes: Rights of Employees and Employers in Industrial Actions

The recent strike to protest against the salary adjustment policy by some of the drivers of KMB (one of the bus companies in Hong Kong) hit the headlines. According to the press, KMB after the strike terminated the employment of four bus drivers who initiated the strike (“Bus Drivers”). The grounds of termination were that the Bus Drivers committed a serious breach of rules by abandoning their posts, ceasing to drive, and thus threatening passengers’ safety. It was reported that the Bus Drivers appealed against the decision of the disciplinary proceedings following which KMB decided to reinstate the Bus Drivers pending the appeal. There have been many discussions as to whether KMB has the right to terminate the Bus Drivers.

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