On 16 November 2022, the EOC issued legal proceedings under the Disability Discrimination Ordinance (DDO) (Cap. 487) in the District Court, on behalf of a person (the Claimant) who alleged that his former employer (the Respondent) discriminated against him on grounds of his disability (left lower limb cellulitis) by terminating his employment.

The Claimant was employed by a Chinese restaurant (the Respondent) as a waiter. A couple of days after he assumed duty, the Claimant suffered from leg pain and was diagnosed with left lower limb cellulitis. He was granted four days of sick leave. While during his sick leave, the Respondent informed the Claimant that his position had temporarily been filled by another person and that he could resume duty after he had recovered. A few days later, the Claimant told the Respondent that he was ready to resume duty but the Respondent told him that he was dismissed for fear that his leg pain would reoccur in future.       

The DDO protects persons with disability against discrimination, harassment and vilification. Under the ordinance, it is unlawful for an employer to dismiss an employee on grounds of the employee’s disability, in this case left lower limb cellulitis, and the possibility of reoccurrence of the disability.

By taking this case to the court, the EOC hopes to reinforce public awareness and remind employers that it is unlawful for an employer to dismiss an employee on grounds of his/her disabilities, without first considering the availability of reasonable accommodation or alternative arrangements.
 

• Read the EOC’s press release
• Read the Code of Practice on Employment under the DDO