Commentary on Selected Employment and Labor Law Decisions Under the Lum Court. 14 UH L. Rev. 423.

Policy of this section discussed; section does not prohibit termination or other discrimination against employees who are not capable of performing their own or other available work. 680 F. Supp. 1456.

Not violated by discharge of employee allegedly in retaliation for participating in union grievance meeting and complaining about understaffing. 779 F. Supp. 1265.

If plaintiff was alleging public policy wrongful discharge claim based on Parnar v. Americana Hotels, Inc., and paragraph (2) of this section, plaintiff's claim was barred, since chapter 378 provided sufficient remedy for its violation. 938 F. Supp. 1503.

Employee may file complaint before employee is able to return to work; section not preempted by federal law. 67 H. 25, 677 P.2d 449.

Section grants employee whose employment is terminated due to a work related injury first preference to reemployment if employee regains capacity to perform some type of work with the employer; preference is voided if there is some provision preventing reemployment in the collective bargaining agreement or if employee secures employment elsewhere. 70 H. 1, 757 P.2d 641.

Where public policy against terminating employee solely because employee suffered a compensable work injury is evidenced in this section and remedy is available under §378-35, judicially created claim of wrongful discharge in violation of public policy could not be maintained. 87 H. 57 (App.), 951 P.2d 507.