Thursday, December 6, 2012

The hepatitis B patient is dismissed and sues the company to discriminate against in a disguised form by the day enterprise

The hepatitis B patient is dismissed and sues the company to discriminate against in a disguised form by the day enterprise
It is reported (reporter Zhu Yan) Fit bears (assumed name) The gentleman checks out with body " The surface antigen of hepatitis B is presented positively " And then, are demanded to come back home to recuperate by the company, work after turning overcast. Fit bears and claim to explain and keep in touch at ordinary times that will not infected to the company, but the company disagrees with it and goes to work. After Ann bear leave office, Science Technology Development Co., Ltd. inform pay court unit the intersection of Beijing and Ogi. The agent who fits the bear introduces, Beijing Ogi company is a day -invested enterprise, deal in the medical equipment. Fit bears and enter this company in May of 2011 no matter sell to the engineer. In September, the physical examination that his participant arranged in unison, among them include " surface antigen of hepatitis B " Project. Ann bear say company agree, consult the intersection of physical examination and report of him without permission, tell him to be indefinite to come back home and recuperate subsequently, until " the surface of hepatitis B is antigenic " Can go back to the company to go to work after turning overcast. It though expresses many times hepatitis B will not be infected in the life and work keeps in touch to fit the bear, do not influence the normal work, but suffer the refusal of the company. Having no choice, he goes through formalities of leaving office, " there is no medical technology that hepatitis B turns overcast in the world yet at present, the arrangement of the company means dismissing me. " Fit bears to think the company has hepatitis B to discriminate against, infringe one's own equal employment right, right of privacy, personality right, inform the old master the court, claim more than 48,000 yuan. In the court's trial, he has offered two sections of talk recording carrying on negotiations with the company, proves the company removes the relation of working because of knowing his condition, but the company denies to this, it is filed and left office to apply voluntarily that thought to fit bears. The first instance court does not think Ann's bear has offered the abundant evidence to prove the company infringes, so reject its claims. For adjudiacating in the first instance, the agent who fits the bear thinks, the court verdict lacks analysis on evidence to assert, the opinion not law is not applicable to the respect analyzes, provide " not offering the abundant evidence to prove " directly Assert,think they, improper,already put forward appeal in one intermediate court.

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