On 14 November 2023, the Equal Opportunities Commission (EOC) initiated legal proceedings under the Disability Discrimination Ordinance (DDO), Cap. 487 in the District Court, on behalf of a person (the Claimant) who worked as a head chef for the Respondent, a company operating as part of a Restaurant Group (Group) that manages multiple restaurants in Hong Kong. The Claimant alleged that the Respondent discriminated against him by terminating his employment on the ground of his disabilities, including fever, upper respiratory tract infection (URTI), and manifestation of the COVID-19 infection.

About two months after the Claimant began his employment, there was a surge of COVID-19 cases among staff members across various restaurants within the Group. After working alongside colleagues who were infected with COVID-19, the Claimant fell ill and went to the hospital, where he underwent a PCR test and was granted two days of sick leave due to URTI. The Claimant notified the Respondent and shared his sick leave certificate via WhatsApp. Following the two-day sick leave, the Claimant visited the hospital again twice due to fever and URTI, resulting in additional sick leave. On each occasion, the Claimant sent his sick leave certificates to the Respondent through WhatsApp. 

The Claimant believed that he was infected with COVID-19, as he displayed related symptoms for a week. His belief was confirmed when he was tested positive for COVID-19 by a self-test on the day he returned to work. Yet upon returning to work after eight days of sick leave, the Claimant was informed that his employment was terminated. 

Under the DDO, it is unlawful for an employer to dismiss an employee on the ground of the employee’s disability. This is the third COVID-19 related disability discrimination case that the EOC took to court. By taking this case to court, the EOC hopes to raise public awareness and remind employers that disability discrimination in the workplace is unlawful.

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