The Harapan OKU Law Reform Group said a historic decision for the rights of persons with disabilities was reached today when Justice Quay Chew Soon ruled in favour of Ch’ng B’ao Zhong.
According to the group, Quay had quashed a Feb 8, 2024 decision by the Public Service Commission (SPA) and the government in rejecting Ch’ng’s application for the position of psychology officer.
It said Quay had ruled that the commission and the government must act consistently with Article 8(1) of the Federal Constitution on equality before the law and Section 29 of the Persons with Disabilities Act 2008 in considering applications for employment in the public service.
Quay also ordered for Ch’ng to be granted an online interview and be allowed a psychometric test at a government clinic in Penang, the group said in a statement.
The judge also directed that SPA and the government must ensure that Ch’ng is not discriminated against on the basis of his disability in any of his future applications for the position of psychology officer.
The court had found that there was a breach of legitimate expectation concerning the Convention on the Rights of Persons with Disabilities, which prohibits discrimination against people with disabilities.
The group said that Ch’ng, a counsellor on contract with the health ministry since October 2020, had applied for a permanent position as a psychology officer in 2021.
Ch’ng, who holds a Master’s in Counselling Psychology, fulfilled the health ministry’s academic requirements, passed the various screening stages and was shortlisted for an interview. However, he was not offered the post.
In 2022, he was issued an OKU card based on a diagnosis of level one on the autism spectrum disorder. However, his disability did not affect his work performance, based on over 2,000 hours of counselling provided to more than 1,000 patients.
The group said that in mid-2022, Ch’ng updated his disability status in his account on the commission’s registry portal.
In December 2023, when a vacancy arose, Ch’ng reapplied for the same permanent position but was not shortlisted for an interview. The SPA portal stated that he did not meet the academic requirements for the position.
The group said Ch’ng contacted the commission’s human resources department several times for a clarification and was eventually given a verbal response that he failed to be shortlisted because he was an OKU card holder.
Ch’ng then applied for a judicial review seeking a declaration that he had been discriminated against on the grounds of his disability during the application for the permanent post.
He claimed that the reason for his rejection was inconsistent with the fundamental right to equality and Section 29 of the Persons with Disabilities Act, which guarantees equal access to employment.