The Equal Opportunities Commission (EOC) has today (16 November 2022) 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 by terminating his employment on the ground of his disability (i.e. Left Lower Limb Cellulitis).

The Claimant was employed by a Chinese restaurant (the Respondent) as a waiter. A couple of days after he had reported for duty, the Claimant suffered from leg pain and was diagnosed with Left Lower Limb Cellulitis. He was granted a sick leave of four days. During his sick leave, the Respondent informed the Claimant that his position had temporarily been filled up by another person and 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 replied that he was dismissed for the fear that his leg pain would reoccur in the future.       

The DDO protects persons with disability against discrimination, harassment and vilification. Under the DDO, it is unlawful for an employer to dismiss an employee on the ground of the employee’s disability, i.e. Left Lower Limb Cellulitis and the possibility of its reoccurrence in this case.

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 the ground of his/her disabilities without having first considering the availability of reasonable accommodation or alternative arrangements.

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Equal Opportunities Commission
16 November 2022