EMPLOYMENT LAW
CORONAVIRUS UNDER THE LAW
Against the backdrop of the Covid-19 pandemic, it is not uncommon for an employer to implement internal policies to reduce the risk of transmission of Covid-19, including disallowing the removal of facemasks at the workplace, encouraging employees to get vaccinated etc.
It is worth noting that an employee’s failure to comply with his/her employer’s such legitimate virus-combating measures may be regarded as a valid reason to summarily dismiss that employee lawfully under the Employment Ordinance (Cap. 57). Courts in other jurisdictions (e.g. UK and
Australia) have already adjudicated similar issues ruling that the employers’ internal policies were legitimate and hence the relevant dismissal was reasonable.
Furthermore, the Hong Kong Government has recently gazetted the Employment (Amendment) Bill 2022 on 25th February 2022 to amend the Employment Ordinance (Cap. 57). One of the major proposed amendments provides that if an employee fails to comply with the employer’s “legitimate vaccination request”, such non-compliance may constitute a valid reason for the employer to dismiss that employee.
Therefore, whether for the purposes of the employee’s personal health or for the avoidance of any employment disputes, an employee is suggested to follow the employer’s legitimate internal anti-pandemic policies.
On the contrary, in order to protect the employees, the amendments also include that an employee’s absence from work to comply with the movement restriction order will be deemed as sickness day. Also, laying off an employee will be considered as unreasonable dismissal if the employee’s absence is caused by such movement restriction order.
