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Words: | Submitted: Mon Jun 19 2006
... find alternative employment. Each claimed against the government for unlawful discrimination on the ground of their disability or the disability of their associates. Held K, Y and W were awarded damages of HK$985,143.28, HK$775, 742.48 and HK$1,061,134.80 respectively, including damages for injury to feelings and future loss of earnings. W's award was the highest as the court found that the injury to his feelings was prolonged as a result of having to work out his termination notice period. There must be casual connection between the disability and the inability of the person to meet the inherent requirement of the job before the defense under the Disability Discrimination Ordinance can be established. In this case, that connection could not be established because the report from the Task Force on Mental Requirement of Disciplinary Forces showed that the risk of people with first degree relatives who are schizophrenics developing schizophrenia themselves was an acceptable level ...
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