23rd December 2024 – (Hong Kong) A recent ruling by a Hong Kong court has dismissed a discrimination claim from an employee of Kan Kee Environmental Engineering Limited, who alleged that the company’s failure to distribute mooncakes was discriminatory against him following a workplace injury.
The employee, Chan Sze-wei, claimed that after sustaining an injury in July 2018 while working for the company, he did not receive mooncakes in 2021 and 2022, contrary to the practice prior to his injury. He argued that this omission constituted discrimination under the Disability Discrimination Ordinance, asserting that the company’s actions were retaliatory due to his previous complaints to the Equal Opportunities Commission.
However, the presiding judge concluded that the distribution of mooncakes is considered a discretionary benefit, rather than an entitlement. The court noted that Chan had failed to demonstrate how his treatment differed from that of other employees in similar circumstances. Instead of comparing his current situation to his own past benefits, the judge indicated that Chan should have compared his treatment to that of employees without disabilities during the same periods.
