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Pregnancy no grounds for dismissal

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Why you can trust SCMP
John Cremer

EMPLOYERS WHO TALK about hi-tech solutions and corporate vision sometimes trip themselves up when handling more fundamental issues. Consider, for example, the volume of unlawful discrimination cases relating to pregnancy that still occur in Hong Kong companies, big and small.

These commonly relate to recruitment, promotion, bonuses, discretionary benefits and opportunities for training.

One recent case serves to illustrate a number of issues that can arise. Early in her pregnancy, Liza (not her real name) regularly fell sick and had to take days off work.

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Her boss, apparently concerned about her well-being, suggested she take unpaid leave up until the time of her statutory maternity leave.

Because Liza was financially stable, she agreed. She later learned that the company had taken on a temporary replacement to handle her responsibilities.

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After giving birth, she returned to work as scheduled. On the first day back, however, the boss informed her that her contract was being terminated for supposedly unsatisfactory performance. A few days later she was told her replacement had been offered the position full time. Liza contacted the Equal Opportunities Commission (EOC) for advice. The investigator confirmed that even though the dismissal took place after her maternity leave, she could still file a complaint if she believed this had happened as a result of her pregnancy.

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