8 Jul 2024
TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED v. CHOY CHIU YEE RITA
- Citation
- [2024] HKDC 747
- Court
- District Court
- Case number
- DCEO13/2019
On the balance of probabilities the respondent had decided to dismiss the employee for legitimate reasons (poor performance and discovery of photos) before knowledge of the illness; contemporaneous evidence (WhatsApp, CCTV, audio) supported that reasoning; the deceased's hearsay statements and friends' accounts were given little weight; 30 April 2017 was a rest day not a sickness day and therefore s33(4B) did not apply; there was no proven harassment or discrimination on the ground of disability and no breach of the implied term; all claims dismissed.