First Sars prejudice lawsuit hits court
The case is on behalf of a woman who was sacked after her mother fell ill
The first Sars discrimination lawsuit has been filed, on behalf of a woman allegedly sacked because her mother contracted the disease.
The Equal Opportunities Commission yesterday filed the writ for Kwok Yeuk-ching, who is seeking damages from paper products manufacturer Hip Wall Industries and Mac Thuong Can, a director and shareholder of the company.
Ms Kwok lodged one of the 81 Sars discrimination complaints received by the commission since the outbreak last year. It is the first civil lawsuit the commission has filed.
According to the statement of claim filed with the District Court, Ms Kwok had been employed as a clerk at the company for nearly two years before she was sacked in May last year.
The company allegedly dismissed her after she asked for time off to be quarantined at home. Ms Kwok's mother, who was a health worker, contracted Sars on May 12 after developing a fever the day before, the statement said.
Ms Kwok asked for time off later that day but the next day the director allegedly scolded her for being selfish and not informing the company immediately of her mother's illness.
During the quarantine period of 10 days, Ms Kwok allegedly received a dismissal letter from the company. When asked why she was sacked, a human resources worker allegedly told Ms Kwok it was because she had not told the company about her mother's illness when she first came down with a fever.
Ms Kwok was told that as a result, she would not receive any termination payments.
She is seeking apologies from the company and the director and damages for injury to her feelings and loss of income.
Commission spokeswoman Mariana Law Po-chu said five other complainants apart from Ms Kwok had sought legal assistance.
No decision had been made on bringing those cases to court.
Most of the 81 Sars-related complaints were made against employers.
Some complainants said they were sacked because they or their relatives had the disease, while a few were asked by their bosses not to participate in voluntary health work.
Others felt they had been discriminated against by goods and services providers because they lived in areas with many Sars cases.
Seventy-five of the Sars-related complaints had either been settled by the commission through conciliation or were ruled invalid complaints, Ms Law said.
In conciliation, the complainant receives an apology or compensation. In some cases, certain company policies are changed.
