Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Inherent requirements defence
  • 16 Jul 2007

    M v. SECRETARY FOR JUSTICE

    Citation
    M v. SECRETARY FOR JUSTICE
    Court
    District Court
    Case number
    DCEO8/2004

    Claimant had disabilities but court found government officers genuinely unaware of them while claimant was employed; on comparator test a non-disabled comparator performing similarly would have been treated the same; government treatment was due to poor performance not disability; claimant's factual evidence was unreliable; application of uniform inherent AO requirements was justifiable and claimant could not, by reason of his disabilities and cognitive vulnerabilities, meet inherent requirements of the AO role even with reasonable assistance; therefore claims for direct discrimination, haras…