§378-35 - Findings and order. - Hawaii Statutes

     §378-35  Findings and order.  If the department of labor and industrial relations finds, after a hearing, that an employer has unlawfully suspended, discharged or discriminated against an employee in violation of section 378-32, the department may order the reinstatement, or reinstatement to the prior position, as the case may be, of the employee with or without backpay or may order the payment of backpay without any such reinstatement. [L 1967, c 22, pt of §2; HRS §378-35; am L 1981, c 10, §3]

 

Case Notes

 

  Where public policy against terminating employee solely because employee suffered a compensable work injury is evidenced in §378-32 and remedy is available under this section, judicially created claim of wrongful discharge in violation of public policy could not be maintained.  87 H. 57 (App.), 951 P.2d 507.