Chinese restaurant charged with disability discrimination after sacking worker out on sick leave
A Chinese restaurant had been charged with violating the Disability Discrimination Ordinance for firing a worker on sick leave and had to compensate him HK$20,000 and pay the legal costs.
The claimant, Chung, started working as a waiter at the restaurant in May 2021 under a friend's recommendation, only to discover that he got cellulitis in his left leg when he went to a medical checkup nine days later. He was issued a four-day sick leave by the doctor.
Despite the restaurant stating that it would find a substitute for the four days when the claimant was out, it instead chose to fire Chung on May 27, leading the claimant to file a complaint to the court with the assistance of the Equal Opportunities Commission.
The claimant hoped this type of incident would get more awareness from the general public since that was his goal for filing this claim, not financial reparation.
No one from the defendant's side appeared in the hearing despite having confirmed that they had received the court notice. The District Court judge then adjudicated that the claimant had won the lawsuit.
The judge added that this was a clear case of discrimination and should serve as an example to the public that there is a legal liability when discriminating against people.