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Fintech firm sued for Covid job pullback
A man is suing a financial company for HK$70,000 and is asking for a written apology after his employment offer was retracted when he got Covid-19 before his first day of work in 2020.
In the SAR's first anti-Covid-discrimination lawsuit through the Equal Opportunities Commission, Jasper Siu Chi-yoi is asking MEX Fintech for HK$50,000 compensation for "injury to feelings" and HK$20,000 for loss of income.
In a writ filed with the district court yesterday, Siu said he applied to be a business development manager at Mex in July 2020.
After two video interviews, he was offered the job on a salary of HK$20,000 on August 4. The date of commencement was set to be September 1.
But on August 12, Siu was diagnosed with Covid and admitted to North Lantau Hospital with a mild headache and temporary loss of taste and smell.
On August 25, he called Mex's human resources officer, Sze, about his infection and said he might have to postpone his first day of work.
But he was subsequently allowed to go home on August 29 so on the next business day, August 31, Siu called Sze to inform her about his discharge and said he was ready to work the next day as scheduled.
Sze asked Siu to send her the medical proof and Siu complied.
Later that day, Sze emailed Siu to say the offer "no longer exists anymore as the headcount of business development manager has been filled."
"Thank you for spending your time to have an interview with us, we hope you all the best in your next job," the email said.
On September 2, Siu lodged a disability discrimination complaint against Mex to the EOC, which agreed that the company unlawfully discriminated Siu.
"The claimant was highly offended and humiliated by the respondent's unlawful dismissal," the writ said.
It said the dismissal exacerbated the stress and anxiety Siu already suffered with from his infection, "given the general social stigma attached to Covid patients at the material time."
Although Siu secured new employment in October 2020, he lost HK$20,000 as he should have worked the month before.
In a press statement, the commission said the lawsuit was made under the Disability Discrimination Ordinance.
It said by taking Siu's case to the court, it hopes to raise public awareness and remind employers against disability discrimination in the workplace, including that on people who have recovered from Covid.
In a writ filed with the district court yesterday, Siu said he applied to be a business development manager at Mex in July 2020.
After two video interviews, he was offered the job on a salary of HK$20,000 on August 4. The date of commencement was set to be September 1.
But on August 12, Siu was diagnosed with Covid and admitted to North Lantau Hospital with a mild headache and temporary loss of taste and smell.
On August 25, he called Mex's human resources officer, Sze, about his infection and said he might have to postpone his first day of work.
But he was subsequently allowed to go home on August 29 so on the next business day, August 31, Siu called Sze to inform her about his discharge and said he was ready to work the next day as scheduled.
Sze asked Siu to send her the medical proof and Siu complied.
Later that day, Sze emailed Siu to say the offer "no longer exists anymore as the headcount of business development manager has been filled."
"Thank you for spending your time to have an interview with us, we hope you all the best in your next job," the email said.
On September 2, Siu lodged a disability discrimination complaint against Mex to the EOC, which agreed that the company unlawfully discriminated Siu.
"The claimant was highly offended and humiliated by the respondent's unlawful dismissal," the writ said.
It said the dismissal exacerbated the stress and anxiety Siu already suffered with from his infection, "given the general social stigma attached to Covid patients at the material time."
Although Siu secured new employment in October 2020, he lost HK$20,000 as he should have worked the month before.
In a press statement, the commission said the lawsuit was made under the Disability Discrimination Ordinance.
It said by taking Siu's case to the court, it hopes to raise public awareness and remind employers against disability discrimination in the workplace, including that on people who have recovered from Covid.
