By Keyword
Sexual Harassment
Hong Kong
Ray Chen v. IBM China, (December 15, 2000)
Court
Keywords: Sexual Harassment; Other
Brief Summary: Petitioner, Ray Chen, was employed by IBM on a probationary basis. His employment was terminated by IBM claiming unsatisfactory performance. Chen filed a sexual harassment claim (after notice of his termination was given) with the EOC against a female superior at IBM. The present proceedings concern IBM's failure to pay Chen for over one year. Chen alleges that such failure is "victimization" under Hong Kong's SDO.
CEDAW: The question of law in this case centered on whether Chen, and others similarly situated, could claim protection under domestic law after the technical period of employment had terminated. Despite the fact that petitioner Chen was a man, the Court relied heavily on CEDAW Articles 11 and 13 in interpreting domestic Hong Kong law. Giving CEDAW due accord, the court held, "having regard to the general terms of CEDAW, and it purpose and intent, I am satisfied that its effect on the interpretation of the SDO is such that the SDO should be interpreted in such a way as to protect a woman from discrimination by an employer, in relation to that employment and the consequences of dismissal from the employment, even after the employment has terminated. To interpret the SDO in that way will be to give it a fair large and liberal interpretation and to remedy what otherwise would be a plain injustice."
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