WALIYAH v. YIP HOI SUN TERENCE

WALIYAH v. YIP HOI SUN TERENCE

The court found R2 acted with R1's authority in the domestic setting and committed sex discrimination by requiring the claimant to urinate into a potty for a pregnancy test; R1 is liable as principal under s46 SDO for that discriminatory act; independently, R1 unlawfully discriminated by making the claimant sign a termination notice and requiring her to leave before the notice expired, amounting to pregnancy discrimination under ss8 and 11 SDO, breach of implied mutual trust and confidence, breach of Employment Ordinance pregnancy protections and unlawful dismissal; R2 was not liable for the dismissal as there was insufficient evidence she induced or procured termination.

Citation
WALIYAH v. YIP HOI SUN TERENCE
Parties
Claimant/plaintiff: WALIYAH; 1st Respondent/defendant: YIP HOI SUN TERENCE; 2nd Respondent: CHAN MAN HONG (also known as CHEN MENG HONG)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 January 2017
Case Number
DCCJ1041/2015
Procedural Posture
Consolidated Equal Opportunities Action No 1 of 2015 and Civil Action No 1041 of 2015 / Judgment on Liability; Remedies and Quantum Reserved; Hearing on Remedies to Be Fixed
Outcome
Judgment for claimant on liability: R2 personally liable for sex discrimination in administering supervised pregnancy test; R1 liable as principal for that act and personally liable for pregnancy discrimination, breach of implied term of trust and confidence, breach of Employment Ordinance pregnancy protections and...
Legal Topics
Pregnancy Discrimination, Sex Discrimination, Unlawful Dismissal, Vicarious Liability, Agency, Maternity Protection, Breach of Mutual Trust and Confidence
Source Language
EN
Employment Law Anti Discrimination Law Agency Law Contract Law Labour Law Pregnancy Discrimination Sex Discrimination Unlawful Dismissal +4 more

Case Brief

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Parties

WALIYAH

Claimant/plaintiff

YIP HOI SUN TERENCE

1st Respondent/defendant

CHAN MAN HONG (also known as CHEN MENG HONG)

2nd Respondent

Procedural Posture

Consolidated Equal Opportunities Action No 1 of 2015 and Civil Action No 1041 of 2015 / Judgment on Liability; Remedies and Quantum Reserved; Hearing on Remedies to Be Fixed

Legal Issues

  1. 1 Whether the 2nd respondent acted as agent of the 1st respondent for purposes of the Sex Discrimination Ordinance
  2. 2 Whether the 2nd respondent committed sex or pregnancy discrimination
  3. 3 Whether the 1st respondent unlawfully dismissed the claimant and breached statutory pregnancy protections

Ratio Decidendi

The court found R2 acted with R1's authority in the domestic setting and committed sex discrimination by requiring the claimant to urinate into a potty for a pregnancy test; R1 is liable as principal under s46 SDO for that discriminatory act; independently, R1 unlawfully discriminated by making the claimant sign a termination notice and requiring her to leave before the notice expired, amounting to pregnancy discrimination under ss8 and 11 SDO, breach of implied mutual trust and confidence, breach of Employment Ordinance pregnancy protections and unlawful dismissal; R2 was not liable for the dismissal as there was insufficient evidence she induced or procured termination.

Court Disposition

Judgment for claimant on liability: R2 personally liable for sex discrimination in administering supervised pregnancy test; R1 liable as principal for that act and personally liable for pregnancy discrimination, breach of implied term of trust and confidence, breach of Employment Ordinance pregnancy protections and...

Orders

  • Trial proceeded in 1st respondent's absence
  • Findings of liability as stated; remedies and assessment of damages to be fixed on a later date