A Hong Kong worker has taken legal action against a FinTech company over a revocation of an employment offer after he contracted COVID-19 before his first day of work. The man is suing the company, MEX Fintech, for a sum of HK$ 70,000 as well as a written apology.
The lawsuit is Hong Kong’s first anti-COVID-discrimination legal proceedings under the territories Equal Opportunities Commission (EOC). The worker, Jasper Siu Chi-yoi, is asking for HK$50,000 compensation as well as $20,000 in loss of earnings according to documents filed with the District Court.
Siu applied for the position of Business Development Manager at MEX in July 2020 and was offered the job (with a monthly salary of HK$ 20,000) at the beginning of August the same year. It was agreed that his commencement date would be 1 September however, on 12 August, Siu contracted COVID-19 and was subsequently detained in North Lantau Hospital experiencing mild symptoms.
Towards the end of August, Siu informed MEX’s HR department about his infection and that he might need to delay his first day of work as he did not know when he would be released. Fortunately, Siu was discharged on 29 August, he then informed the HR department that he was available to commence work as scheduled.
MEX’s HR department asked for confirmation of his infection and medical proof that he had been discharged but was later informed that his position “no longer existed” as the post had already been filled.
Lodging a disability discrimination complaint against MEX, the EOC agreed that the FinTech firm has unlawfully discriminated against Siu. The writ states “The claimant (Siu) was highly offended and humiliated by the respondent’s unlawful dismissal immediately following his recovery from COVID.”
The EOC issued a statement about the case detailing that the lawsuit had been made under the Disability Discrimination Ordinance, “Under the ordinance, it is unlawful for an employer to refuse or deliberately omit to offer an employment position on the ground of a person’s disability, including previously existed disability.”
As the Hong Kong Government marches on with its proposed amendments to the city’s Employment Ordinance to better safeguard worker’s rights against being unfairly dismissed due to a COVID infection, the lawsuit marks the beginning of what could be many a legal proceeding following alleged reports of workers being terminated as a result of being under quarantine during the city’s fifth wave.
Paul Arkwright
Publisher
