§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.