11 Feb 2022
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.
10 Aug 2009
Strike-out and summary determination were inappropriate because the statutory language of FSDO and SDO permits a broad, purposive reading such that discrimination based on being the wife of a particular person can fall within the protected grounds; material factual disputes (motivation, comparators and mental processes) must be resolved at trial and defendants must be given opportunity to explain conduct; de facto spouses are not suitable comparators under Hong Kong law for this claim; accordingly the defendants' application to strike out is dismissed.
13 Nov 2002
The plaintiff proved an accident and a limited temporary disability but failed to prove that any impugned act was done on the ground of his disability or because he brought proceedings; defendants' actions were within legitimate powers (ECO s.16, operational/management decisions) or attributable to the plaintiff's conduct/performance and/or lack of cooperation; absence of an appropriate comparator and lack of causal link meant no discrimination, harassment or victimisation was established; therefore both actions dismissed.