The 49-year-old project manager Tario M was employed by a charitable foundation in 2020 but confirmed with Covid-19 one month later. The foundation then terminated his contract.

The manager on Monday filed a lawsuit to the District Court through the EOC, alleging that the foundation had violated the Disability Discrimination Ordinance.

He asked for a written apology from the foundation, as well as salaries of HK$44,000 and HK$60,000 compensation for emotional damages.

This was the second EOC case in Hong Kong involving disability discrimination against patients being infected with Covid-19.

The statement of claim read that the claimant was employed as a project manager on December 20, 2020, by the respondent, The Gurkhas Group (G3S) Charity Foundation Limited, and his first day of work was on January 11, 2021.

The claimant developed a cold on January 13 and took three days' sick leave. He then accompanied his wife for an antenatal examination on January 16, so he took another day of unpaid leave.

On the same day, he learned that his sister-in-law had tested positive, and he was also informed by the Department of Health about his positive result the following day. The claimant then reported the situation and stayed in the hospital until January 28.

During his stay in the hospital, the claimant was informed by the foundation that due to his health condition, the management team and other employees considered it risky to work with him.

Therefore, the foundation terminated his employment contract from his last day of work and transferred his salary to his bank account. They later explained that it was because he had been absent after working for two days.

The claimant said he felt humiliated, and the fact that his wife was pregnant and they already had a one-year-old daughter made him more stressed and anxious. In this regard, the claimant sought compensation for salary and emotional distress.