HADEN, FRANCIS WILLIAM v. LEIGHTON CONTRACTORS (ASIA) LTD

HADEN, FRANCIS WILLIAM v. LEIGHTON CONTRACTORS (ASIA) LTD

On the primary facts the operative cause of termination was the claimant's proven inability to work cooperatively with others and related performance/behaviour issues; the evidence did not establish that race was the real or effective cause of dismissal, so discrimination not proved and claim dismissed.

Citation
[2022] HKDC 152
Parties
Claimant: Haden, Francis William; Respondent: Leighton Contractors (Asia) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 February 2022
Case Number
DCEO16/2018
Procedural Posture
Equal Opportunities Action (race Discrimination) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Race Discrimination, Causation (but‑for Vs Causa Causans), Comparator Analysis, Inference From Circumstantial Evidence, Remedies and Damages, Pleadings in EO Proceedings
Source Language
EN
Employment Law Anti‑discrimination Law Civil Procedure Race Discrimination Causation (but‑for Vs Causa Causans) Comparator Analysis Inference From Circumstantial Evidence Remedies and Damages +1 more

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Parties

Haden, Francis William

Claimant

Leighton Contractors (Asia) Limited

Respondent

Procedural Posture

Equal Opportunities Action (race Discrimination) / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant was treated less favourably on the ground of race
  2. 2 Whether the less favourable treatment (if any) was caused by race (causation test)
  3. 3 Appropriate causation test (but‑for vs causa causans)

Ratio Decidendi

On the primary facts the operative cause of termination was the claimant's proven inability to work cooperatively with others and related performance/behaviour issues; the evidence did not establish that race was the real or effective cause of dismissal, so discrimination not proved and claim dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed.
  • Costs order nisi: no order as to costs unless application to vary is made within 14 days (per s.73E(3) District Court Ordinance).