雷遠東 對 城市護衛有限公司

雷遠東 對 城市護衛有限公司

Applicant suffered from Generalised Anxiety Disorder which qualified as a 'disability' and the respondent knew of it from litigation records, but on the evidence the dismissal was caused by the applicant's prolonged inability or refusal to provide a return-to-work date and business operational needs; the...

Source-derived case information.

Citation
[2025] HKDC 995
Parties
Applicant: 雷遠東 (Ray Lui Yuen-tung); Respondent: 城市護衛有限公司 (City Guard Limited)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 June 2025
Case Number
DCEO6/2024
Procedural Posture
Disability Discrimination (equal Opportunity) / Judgment Following Trial Hearing
Outcome
Applicant's claim dismissed
Legal Topics
Disability Discrimination, Dismissal, Reasonable Accommodation, Justification Under S12, Burden of Proof, Knowledge of Disability, Costs
Source Language
ch
Disability Discrimination Employment Law Personal Injury Law Dismissal Reasonable Accommodation Justification Under S12 Burden of Proof Knowledge of Disability +1 more

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Parties

雷遠東 (Ray Lui Yuen-tung)

Applicant

城市護衛有限公司 (City Guard Limited)

Respondent

Procedural Posture

Disability Discrimination (equal Opportunity) / Judgment Following Trial Hearing

  1. 1 Whether the applicant had a disability at the time of dismissal
  2. 2 Whether the respondent knew or ought to have known of the applicant's disability
  3. 3 Whether the dismissal constituted unlawful discrimination under DDO s11 and/or s13

Ratio Decidendi

Applicant suffered from Generalised Anxiety Disorder which qualified as a 'disability' and the respondent knew of it from litigation records, but on the evidence the dismissal was caused by the applicant's prolonged inability or refusal to provide a return-to-work date and business operational needs; the respondent's explanation was credible and, in any event, s12 applied because timely attendance and ability to perform inherent requirements of a security guard could not be met, therefore there was no contravention of DDO s11(2)(c).

Court Disposition

Applicant's claim dismissed

Orders

  • Claim dismissed
  • Each party to bear its own costs in accordance with District Court Ordinance (Cap. 336) s73C(3)