EOC Welcomes District Court Ruling
The Equal Opportunities Commission (EOC) welcomed a decision made by the District Court yesterday (21 May 2008), which ruled in favour of a driver, who was unlawfully discriminated against on the ground of disability.
The Plaintiff of the case was a driver with over 20-years professional driving experience. He is a person with chronic illnesses who suffers from renal and heart diseases. The Plaintiff alleged that the Defendant picked on his performance after knowing the facts of his chronic illnesses. He was eventually dismissed.
The Defendant argued that the Plaintiff was dismissed because of his poor driving attitude. After balancing the evidence provided by both parties, the Court held that even if the Plaintiff might have been driving unsatisfactory on some occasions, the relevant incidents were not so serious as to make the Plaintiff liable for dismissal. The Court then ruled that the Plaintiff was dismissed by the Defendant on the ground of his disability.
Mr. Raymond TANG, Chairperson of the EOC, said, “The ruling of the Court once again showed that our society does not accept any kind of discrimination. This ruling sent an important message to all employers that they should not treat their employees with chronic illnesses in a discriminatory manner. They should note that all employees are protected under the Disability Discrimination Ordinance.”
For media enquiries, please contact Ms. Mariana LAW at 2106-2226.
Equal Opportunities Commission22 May 2008