Sacked daughter of SARS victim sues boss
By Tonny Chan (China Daily HK Edition)
Updated: 2004-09-25 09:14

A woman lost her job after informing her employer that her mother, a healthcare worker, was infected with SARS when the city was in the grip of the deadly disease, a District Court writ claims.

General clerk Kwok Yeuk-ching, the plaintiff, was alleged to have been sacked in May last year by paper-products manufacturer Hip Wall Industries Limited, the first defendant. Company director Mac Thuong Can was named the second defendant.

According to the writ filed by the Equal Opportunities Commission (EOC) on behalf of Kwok yesterday, Hip Wall summarily dismissed Kwok a week after it learned from her that her mother was a SARS victim.

The writ says that on May 11, Kwok's mother developed fever and was initially diagnosed to have an upper respiratory tract infection. The next day, she was admitted to the hospital and confirmed to have contracted SARS.

On the evening of the same day, Kwok called a colleague, Eva Wu, to tell that her mother was a SARS victim and that she herself had to be quarantined from May 13 to 22 during which she could not work.

The writ says that on May 13, Mac called Kwok on the telephone and accused her of being selfish by not letting the company know of her mother's illness on May 11 itself.

Mac then hung up the phone and ended the conversation "in an abrupt manner", it says.

In an email on May 21, Kwok received a letter dated May 20 issued by her company's lawyers and learned that she was summarily dismissed on May 19. No reason was given in the letter. Kwok had been employed by Hip Wall since September 19, 2001.

The writ says that on the same day the email was received, Kwok called the company's personnel department to ask for the reason for dismissal. A Ms Chan of the department told the plaintiff that it was because she failed to report her mother's fever on May 11, and as a result, the company was affected.

Kwok was told that "due to her misconduct, she would not be entitled to any termination payments", the writ says.

The writ alleges that by sacking Kwok under the described circumstances, the defendants had breached the Disability Discrimination Ordinance and caused the plaintiff to suffer "extreme hurt and anguish in an already very difficult and stressful time".

It says Kwok would be reduced to tears whenever she was asked about or referred to this incident.

The plaintiff is claiming, among others, damages for injury to her feelings, loss of income and an order from the court that Hip Wall and Mac apologize to her.

EOC spokesperson Mariana Law said yesterday that the EOC had tried to mediate a settlement between Kwok and her employer; and the legal action was initiated only after the attempt failed.

In a statement, EOC said it rendered legal assistance to the plaintiff because of public concern over the case.

"The EOC has granted legal assistance in this case on the basis that there is much public concern over persons who are discriminated against on the basis of disabilities of family members, and to whom disabilities are imputed," the EOC statement said.

"Granting legal assistance in this case can clarify the legal position in Hong Kong, and serve the purpose of reminding employers of the balance between protecting public health and the rights of employees under the Disability Discrimination Ordinance," it adds.

The SARS epidemic broke out in Hong Kong in March last year and lasted until June during which 1,755 people were infected and 299 died.

More than one-fifth of those infected were healthcare workers, of whom eight died. While hundreds of families were directly affected, 75 children lost one or both of their parents.

The condition of Kwok's mother is not stated in the writ.

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