§378-33  Complaint against unlawfulsuspension, discharge, or discrimination.  (a)  Any employee aggrieved byan alleged unlawful suspension, discharge, or discrimination may file with thedepartment of labor and industrial relations a complaint in writing, statingthe name and address of the employer alleged to have committed the unlawfulsuspension, discharge, or discrimination, and shall set forth the particularsthereof and other information as may be required by the department.

(b)  No complaint shall be filed after theexpiration of thirty days after the alleged act of unlawful suspension,discharge, or discrimination, or after the employee learns of the suspension ordischarge, except that a complaint for an alleged act of unlawful dischargeunder section 378-32(2) occurring while the aggrieved employee is stillphysically or mentally incapacitated and unable to work also may be filedbefore the expiration of thirty days after the date the aggrieved employee isable to return to work. [L 1967, c 22, pt of §1; HRS §378-33; am L 1974, c 150,§1; am L 1981, c 10, §2; am L 1984, c 196, §1]

 

Case Notes

 

  Cited:  938 F. Supp. 1503.