HK court clarifies when workplace changes qualify for compensation
A Hong Kong court recently addressed a workers' compensation claim related to a mental health incident. The case explored questions about workplace reassignments and their potential psychological impacts.
The worker claimed that being forced into a new role against his wishes caused mental injury. He argued that his employer disregarded his pre-existing health condition and made improper changes to his job duties that fell outside his employment contract.
After making repeated requests to be exempted from the new assignment, the worker's protest escalated dramatically when he threatened self-harm and displayed a banner at his workplace. This led to emergency services being called and the worker being taken to hospital, setting the stage for a legal battle that would continue for years.
The worker was employed as a foreman in the Food and Environmental Hygiene Department (FEHD). Before the incident, he had been diagnosed with "adjustment disorder" and had been receiving psychological treatment since January 2016.
In June 2017, the worker was informed he would be assigned to enforcement duties in a newly created unit called the District Enforcement Team (DET), starting on 20 June 2017. He disagreed with this posting and contacted a senior management officer requesting exemption based on health reasons. When his request wasn't granted, he made additional attempts to...
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