Years of appeals later, this ex-employee is footing the Club's legal bill
On 14 August 2026, Mr Justice Coleman rejected a dismissed golf club worker's repeated appeals in a disability discrimination case, ordering indemnity costs.
The claimant, a former Assistant Chief Marshal and Bag Drop attendant, had worked at the Club since September 2015. Around April 2016 he began experiencing pain in his left shoulder, unconnected to his job. On 23 September 2016 the Club gave him one month's notice, with his employment ending the following day.
The claimant brought a claim under Hong Kong's Disability Discrimination Ordinance, alleging his dismissal was linked to his shoulder condition and related sick leave, in breach of sections 6(a) and 11(2)(c) of the Ordinance. He sought monetary relief and reinstatement. The Club's case was that the termination was solely due to unsatisfactory performance and attitude, unconnected to the disability.
Judge Jonathan Wong of the District Court dismissed the claim on 20 April 2023, finding the claimant had failed to prove, on a balance of probabilities, that his termination was connected to the disability, whether the comparator approach or the alternative "why" approach was applied. The claimant was ordered to pay the Club's costs on an indemnity basis, and a later ruling on his applications to vary that order found his claim had been frivolous, bound to fail, and brought maliciously.
Over the next three years, the claimant filed four separate...
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