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



(b)  No complaint shall be filed after the
expiration of thirty days after the alleged act of unlawful suspension,
discharge, or discrimination, or after the employee learns of the suspension or
discharge, except that a complaint for an alleged act of unlawful discharge
under section 378-32(2) occurring while the aggrieved employee is still
physically or mentally incapacitated and unable to work also may be filed
before the expiration of thirty days after the date the aggrieved employee is
able 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.