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Subject: Productivity Council accused of wrongful sacking

Author:
NEWS

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Date Posted: 18:45:02 07/19/05 Tue

Productivity Council accused of wrongful sacking

Jeannette Ng and Winnie Chong

July 20, 2005

A semi-governmental organization, the Hong Kong Productivity Council, has been accused of wrongfully sacking an employee.

Andrew So worked as an editor for the council for almost six years, during which time he filed three complaints to the Equal Opportunities Commission. His employment was terminated in June.

So went public with his complaint Tuesday, describing the termination of his contract as unjustified, vengeful and ruinous to his reputation.

A letter terminating his employment gave no reason for the decision, stating only that it was not made in the light of So's repeated complaints to the Equal Opportunities Commission, his membership of the Hong Kong Productivity Council Employees' Association or his grievances against his new arrangements at work.

So claimed the termination of his employment did not follow council procedure because the termination letter was issued and only signed by his direct supervisor and did not carry the signature of council's human resources department.

He said his sacking may have been in revenge for his complaints to the Equal Opportunities Commission concerning sexual discrimination by a supervisor.

``I have asked the council why I was discharged. But till now, there are no replies,'' So said.

``If the management cannot give me reasons why I was discharged, they should cancel the termination letter. Otherwise, it is evident that the management is taking revenge action.''

Lawmaker Kwong Chi-kin, legal adviser of the Hong Kong Federation of Trade Unions, said despite the council's claims, there appeared to be a clear correlation between the termination of So's contract and his complaints to the commission.

``It is very strange that the council did not state any reasons why So was discharged, but stated that he was not discharged because of specific reasons. There may be discrimination,'' Kwong said.

It was also pointed out that the council, being a semi-governmental organization, should operate according to government procedures.

Therefore, Section 7 of the Employment Ordinance did not apply because it covers the settlement of disagreements between independent employers and their employees through monetary compensation.

Kwong urged the Labour Department and Equal Opportunities Commission to actively deal with the case and to investigate whether there was a violation of the law and any infringement upon the rights of workers.

However, because council management did not consult the staffing committee before the dismissal decision was made, Kwong believed that the council only intended to obtain staff approval after.

A spokeswoman for the productivity council said its decision to sack So had nothing do with with his claims.

The council was exercising its rights under the Employment Ordinance, she said.

She said management would meet members of the staff committee July 26 to discuss and resolve the situation.

A spokesman from the Equal Opportunities Commission confirmed that So had made three complaints, concerning sexual discrimination, in December 2004 and March 2005.

The Productivity Council, which was established in 1967, strives to provide greater efficiency and increase competitiveness in local business and industry.

winnie.chong@singtaonewscorp.com

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