Manager sues ex-employer after Covid sacking

A man is suing his former employer for firing him after he was infected with Covid - the second virus-related disability discrimination case the Equal Opportunities Commission has helped to bring to court.

Claimant M Tariq was employed by Gurkhas Group (G3S) Charity Foundation as project manager.

In an application filed to District Court yesterday, it accused the foundation of violating the Disability Discrimination Ordinance when it terminated Tariq's employment due to Covid infection.

Tariq signed an employment contract on December 12, 2020, with the commencement date of employment being January 11 last year.

After he reported for work, Tariq was granted a three-day sick leave from January 13 as he had flu symptoms and consulted a private doctor.

On January 16, Tariq asked his bosses for no-pay leave as he wanted to accompany his pregnant wife to a checkup. But he was told his sister-in-law had tested positive for Covid, so he and his wife went to a community testing center instead on that day.

The following day, the Centre for Health Protection called Tariq and told him that he tested positive.

He then informed one of his bosses and he was hospitalized until January 28.

During his hospitalization, Tariq received a termination message sent by the company on WhatsApp, stating he was dismissed because of his infection as "senior management and staff feel unsafe."

Tariq received a termination notice dated January 18, with the reason stated that he was absent from work and his situation had "influenced the smooth running" of operations.

Tariq lodged a disability discrimination complaint against the company on January 30 last year with the EOC.

Tariq said he felt "highly offended and humiliated" and is claiming HK$60,000 for injury to feelings. He also wants to claim HK$44,000 in income loss.

This is the second Covid-related disability discrimination case that the EOC has taken to court.

The watchdog hopes to reinforce public awareness and remind employers that disability discrimination in the workplace is unlawful and it is important to refrain from taking unnecessary measures against people who have Covid infection, an EOC statement said.

It also reiterated the fundamentality of principles against discrimination even in times of changing public-health landscape.

The first lawsuit involved Jasper Siu Chi-yoi, who sued MEX Fintech for HK$50,000 in compensation for injury to feelings.

He is also seeking HK$20,000 for loss of income after his employment offer was retracted when he was infected before his first day of work in 2020.

grace.to@singtaonewscorp.com