Posted by
H.K.Gal
13 yrs ago
I returned to work after a 3.5 month maternity leave. My boss who is based in Aust arranged a 9am call and advised my rating for 2011. Since she seemed rather satisfactory during my performance review in Oct before I went on leave, the sudden news of the worst rating in the company has shocked me. She has also mentioned change of role within the company or externally. The reasons for the poor rating was not justified as she rated me as a solid contributor last year too. However, she said the rating has been decided and cannot be changed.
The poor rating represents no pay rise and annual bonus which I enjoyed for the last 11 years in the company
I understand pregnant women are protected by law, but what legal rights does a new mother have? If I can prove that the rating offered is unfair, do I have a case with Equal Oppt Commission?
Any legal advice will be welcomed, thank you
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How about accepting that it's the new reality? You can stay and prove to your company that you deserve better (while enjoying your old perks and salary), or you can move to a different company.
Unfortunately, this kind of thing (internal appraisal) is a difficult thing to overturn.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
The burden of proof is on you to prove discrimination on a balance of probabilities, which simply means that it is your obligation to show that the low rating was unfair. If you can establish that the rating offered was unfair and the change of role within the company was on the ground of your family status (i.e. being a new mother who needs to take care of a new baby), you will have, on the face of it, a case to make a complaint to the Equal Opportunity Commission based on Family Status Discrimination Ordinance. You may also have a monetary claim against your employer: all of the above will hinge on the exact facts of the case.
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
Email : WeirLaw@weirandassociates.com
www.weirandassociates.com/weirlaw
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Thanks Associate.
I think if every one grins & bears it, companies like mine will get away with exploiting employees easily, and they will do it again, and again.
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There are blatant abuse (like firing after birth, etc.) which have been on papers and won in court. But a case like this of the OP's is different, if one wants to contest it, he/she needs to be prepared for a battle. I believe that there are some battles that need not be fought. If you believe this one is for you, go ahead...
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I'd forget about it if I were you. It's also hard to justify a bonus if you weren't in the office. I know this is unfair (and possibly technically illegal) but from a company point of view, what have you contributed? HK is not Sweden.
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Unfortunately, I kind of agreed with Punter and Loyd, it is extremely difficult to prove that you do not deserve the rating because it is entirely a subjective matter, unless you are with the sales department or is in marketing with numbers to back you up. It will be a case of I think I have done my best while your boss thinks you have not contributed as much as the company wants you to... and if I am right, the contract always stipulated that bonus is solely on company's discretion blah blah blah, it is unfair but unless you have strong proof, otherwise, you may end up wasting money on your legal fee,
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ovi
13 yrs ago
Hi there,
I suggest you to check with the Equal Opportunities Commission. You can call their hotline on 2511 8211.
According to the EOC leaflet on the pregnancy discrimination :
Situations where pregnancy discrimination in employment are often seen to arise:
Not being hired for a job
Dismissal during pregnancy or upon return from maternity leave
Being bypassed for promotion or favourable transfer
Subjected to demotion or unfavourable transfer
Not being offered a pay rise or bonus consistent with what other employees receive
Changes to working hours, roles and duties without just causes
Positions filled by substituting or existing employees
Source : http://www.eoc.org.hk/eoc/graphicsfolder/showcontent.aspx?content=pregnancy%20discrimination
Good luck !
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