The Disciplinary Appeal Letter is a crucial document in Hong Kong's employment dispute resolution process, used when an employee wishes to formally contest a disciplinary action taken against them. This document type is governed by Hong Kong employment law, particularly the Employment Ordinance (Cap. 57), and must adhere to principles of procedural fairness. It is typically used following a formal disciplinary decision and must be submitted within any stipulated timeframe specified in the employer's disciplinary procedures. The letter should clearly state the grounds for appeal, present supporting evidence, and maintain a professional tone throughout. It forms part of the official employment record and may be referenced in any subsequent legal proceedings, whether at the Labour Tribunal or other judicial forums. The content and structure must reflect Hong Kong's legal requirements while effectively presenting the appellant's case.
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1. Header Information: Date, sender's details, recipient's details (HR/Appeal Committee), and reference numbers
2. Subject Line: Clear indication that this is an appeal against disciplinary action
3. Original Decision Reference: Details of the original disciplinary decision being appealed, including date and reference number
4. Grounds for Appeal: Clear statement of the specific reasons for appealing the disciplinary decision
5. Facts and Timeline: Chronological presentation of relevant events and circumstances
6. Supporting Arguments: Detailed explanation of why the disciplinary decision should be reconsidered
7. Requested Outcome: Clear statement of the desired resolution or outcome
8. Closing: Professional closing including timeframe for response and contact information
1. Witness Statements: Include when there are witnesses who can corroborate your version of events
2. Procedural Irregularities: Include when appealing based on failures in the disciplinary process
3. Mitigating Circumstances: Include when there are personal or professional circumstances that should be considered
4. Legal References: Include when specific legislation or case law supports your appeal
5. Union Representative Details: Include when a union is involved in the appeal process
6. Request for Hearing: Include when requesting an in-person appeal hearing
1. Original Disciplinary Notice: Copy of the original disciplinary decision or notice
2. Supporting Evidence: Any documentary evidence supporting the appeal points
3. Employment Records: Relevant employment history, performance reviews, or previous correspondence
4. Witness Statements: Written statements from witnesses (if applicable)
5. Medical Certificates: Any relevant medical documentation (if applicable to the case)
6. Company Policies: Relevant sections of employee handbook or company policies being referenced
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