Consequences of “the offer”
In recommending “the offer” to the Membership, it has frequently been stated that it should be accepted because then “…those who wish to come back to work may do so, and those who wish to continue to sue the company may continue to pursue that course…” i.e. acceptance is being represented as the best of both worlds.
This is a misleading misrepresentation of the facts.
Please examine the Agreement between CPA and the HKAOA, section 3 on pages 2 & 3: “The HKAOA’s Obligation”
Under this section, the Agreement requires the HKAOA immediately to cease provision of:
financial assistance
advice
facilities
or even encouragement
to any of the following:
any of the 49ers
any individual, corporation, unincorporated organisation, society or union which seeks to assist any 49er
in any existing or future Legal Action against CPA and any subsidiary or holding company of CPA, including any subsidiary of a holding company of CPA, and their officers and employees, both past and present.
Quite apart from withdrawing financial assistance to the 49ers, this agreement means that HKAOA Officers and Members would not be permitted to assist the 49ers in any way whatsoever with their legal actions against CPA and they may not even be allowed to offer to testify in such matters, except on behalf of the company.
This seeks to remove one of the few protections that are conferred by Section S72B(1)(a) of the Employment Ordinance; your right not to be dismissed, threatened with dismissal or otherwise discriminated against for giving evidence or agreeing to give evidence in a legal action brought under the Ordinance.
Such an agreement would also be binding on any future GC that might seek to take a different path from that being currently espoused. Is this where you want our Association to go?
Acceptance of “the offer” means not just ceasing financial assistance but total abandonment of those 49ers who wish to continue the legal actions in pursuit of a negotiated settlement that meets our stated and agreed objectives. The agreement also denies legal recourse to any 49ers who accept “the offer” should CPA abuse the employment application procedure.