The Labour Court upheld a finding that St. James's Hospital indirectly discriminated against Dr. Bennett Kim Heng Eng over pay, dismissing the hospital’s appeal. Its determination was dated 22 July 2002.
Dr. Bennett Kim Heng Eng worked in a supernumerary intern post without basic salary or a living-out allowance, while doctors in funded posts received both. The Court found that the funded-post criterion disproportionately disadvantaged non-EEA nationals and was not reasonably justified. It found no direct discrimination, but affirmed the redress for indirect discrimination, including arrears and allowances.