§378-35  Findings and order.  If thedepartment of labor and industrial relations finds, after a hearing, that anemployer has unlawfully suspended, discharged or discriminated against anemployee in violation of section 378-32, the department may order thereinstatement, or reinstatement to the prior position, as the case may be, ofthe employee with or without backpay or may order the payment of backpaywithout any such reinstatement. [L 1967, c 22, pt of §2; HRS §378-35; am L1981, c 10, §3]

 

Case Notes

 

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