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| Baby Jane with 2 of her 5 children outside the Labour Tribunal where she first filed a claim |
The family of a Filipina domestic helper who was dismissed after she was diagnosed with cervical cancer and later died, has been awarded a total of $251,653 plus interests as compensation for her wrongful sacking by her employer in 2019.
The decision to grant the award to the heirs of Baby
Jane Allas as represented in court by her sister Mary Jane Allas Pereira, was handed
down by Deputy District Judge Ebony Ling yesterday, Friday (July 3).
The award was broken down as follows: $33,367 for loss
of income; $120,00 as compensation for injury to feelings; and $98,286 for
medical expenses. Interest should be paid for all these awards, either from the
time Allas was sacked, or when she filed her claim.
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| Basahin ang detalye! |
However, the court accepted as evidence that the
deceased had agreed that whatever medical expenses would be recovered from her
former employer Jamil Bushra would be repaid to the Adventist Foundation which
had treated her for free after she lost her job.
Court records show that Allas started working for
Bushra on Nov. 12, 2017 under a standard
two-year contract. In January 2019 she was provisionally diagnosed with cervical
cancer and was given a two-week sick leave.
On Feb 14, 2019 after the diagnosis of stage IIIB
cervical cancer was confirmed, Allas sought comfort from her sister who was also
working in Hong Kong as a domestic helper, but was told by Bushra’s father to
return to their household to resume work. However, Allas felt ill and was
admitted to Pok Oi Hospital on Feb. 16, 2019.
She was discharged the next day, but not before Bushra’s
father repeated a requested for her to obtain a fitness certificate from a
doctor. On her discharge, Allas was given a sick leave certificate from Feb 16
to 18.
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| Baby Jane in the hospital after her diagnosis in 2019 |
When she returned to her employer’s home that day she
was again asked for a fitness certificate. Bushra’s father was angered when
instead of a fitness certificate Allas gave him her sick leave certificate.
Later that day, Bushra gave Allas a termination letter
in which the reason cited for her termination was “diagnosed with cervical
cancer.”
Bushra cited other reasons for terminating their
contract, including Allas’ insistence in staying in her sister’s house during
her sick leave, even if the employer had originally consented to such an arrangement
earlier.
“Given your medical conditions. I am no longer able
to continue your employment effective from 19 February 2019,” said Bushra in
concluding the termination letter.
The employer asked Allas to sign the termination
letter but she refused. She left Bushra’s house on the same day and stayed
temporarily with her sister at the invitation of the latter’s employer, Jessica
Cutrera Papadopoulos.
Allas returned to the Philippines on Sept 13, 2019
after undergoing a radical hysterectomy in Hong Kong with help from the Hong
Kong Adventist Hospital Foundation.
She subsequently died in her Palawan hometown on Mar 27,
2021 due to a liver ailment.
Pereira, as administratrix of her sister’s estate, filed
the claim against Bushra with help from the Equal Opportunities Commission
(EOC), alleging violations of the Disability Discrimination Ordinance.
In particular, Sections 6(a) and 11(2)(c) of the DDO
make it unlawful for an employer to discriminate against a person with a
disability by treating them less favourably, dismissing them, or subjecting
them to any other detriment.
The notice of claim and other documents were served on
respondent Bushra by substituted service (either by mail, email or
advertisement) but she did not respond or took part in any of the court
service. Judgment was thus rendered against the respondent on Aug 1, 2024, with
damages to be assessed.
An assessment hearing was held last June 25, where
Bushra again failed to show up. Pereira called herself and Cutrera as witnesses
during the hearing, and Judge Ling said she found them both “honest and reliable”
and accepted their evidence in their entirety.
Perreira and Cutrera both testified as to the physical
and emotional state of Allas as she lived with them during her sick leave and
after her employment was terminated by Bushra.
They also told the court that Cutrera and the
Adventist Foundation had provided financial, medical and other assistance to
the deceased that enabled her to stay and receive private medical treatment in
Hong Kong after she lost her job.
Cutrera also started an online campaign that raised
funds for Allas. Cutrera told the court that she and Allas agreed that all
medical fees recovered from Bushra would be repaid to the Adventist Foundation
so as to help other patients in need.

























