L v. EQUAL OPPORTUNITIES COMMISSION AND OTHERS

L v. EQUAL OPPORTUNITIES COMMISSION AND OTHERS

Judge found on balance plaintiff did suffer an accident and transient/mild disabilities (including depression) but rejected most medical evidence that relied on exaggerated histories; however, on the central legal issues plaintiff failed to prove discrimination, harassment or victimisation because he could not establish a proper comparator or that disability was an operative cause of the impugned acts, and many defendant acts were lawful or reasonable exercises of statutory/employer powers (notably under ECO s16) and produced no legally cognisable detriment for DDO purposes. Accordingly both actions dismissed.

Citation
L v. EQUAL OPPORTUNITIES COMMISSION AND OTHERS
Parties
Plaintiff: L; 1st Defendant: Equal Opportunities Commission; 2nd Defendant: Chan Yick Man Michael; 3rd Defendant: Ho Choi Wai Yee Angela; 2nd Defendant (in EO 6/99): Cheung Mui Ching Fanny; 3rd Defendant (in EO 6/99): Tong Kin Sang Frederick
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 November 2002
Case Number
DCEO1/1999
Procedural Posture
District Court Equal Opportunities Actions (consolidated) Under Disability Discrimination Ordinance / Trial Concluded, Judgment Delivered
Outcome
Both actions (EO 1/99 and EO 6/99) dismissed
Legal Topics
Disability Discrimination, Harassment, Victimisation, Comparator and Causation Tests, Employees' Compensation Ordinance Procedures, Personal Data (privacy) Issues
Source Language
EN
Discrimination Employment Administrative Law Data Protection Disability Discrimination Harassment Victimisation Comparator and Causation Tests +2 more

Case Brief

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Parties

L

Plaintiff

Equal Opportunities Commission

1st Defendant

Chan Yick Man Michael

2nd Defendant

Ho Choi Wai Yee Angela

3rd Defendant

Cheung Mui Ching Fanny

2nd Defendant (in EO 6/99)

Tong Kin Sang Frederick

3rd Defendant (in EO 6/99)

Procedural Posture

District Court Equal Opportunities Actions (consolidated) Under Disability Discrimination Ordinance / Trial Concluded, Judgment Delivered

Legal Issues

  1. 1 Whether plaintiff suffered the alleged accident and thereby a disability under the DDO
  2. 2 Whether defendants' conduct amounted to discrimination on ground of disability
  3. 3 Whether conduct amounted to harassment under the DDO

Ratio Decidendi

Judge found on balance plaintiff did suffer an accident and transient/mild disabilities (including depression) but rejected most medical evidence that relied on exaggerated histories; however, on the central legal issues plaintiff failed to prove discrimination, harassment or victimisation because he could not establish a proper comparator or that disability was an operative cause of the impugned acts, and many defendant acts were lawful or reasonable exercises of statutory/employer powers (notably under ECO s16) and produced no legally cognisable detriment for DDO purposes. Accordingly both actions dismissed.

Court Disposition

Both actions (EO 1/99 and EO 6/99) dismissed

Orders

  • Plaintiff's claims dismissed
  • No order as to costs (order nisi)