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| The landmark Tribunal hearing was held in a technology courtroom in West Kowloon court |
A former domestic helper who won a landmark approval to
testify via video link from the Philippines
Presiding Officer W.Y. Ho, sitting as a trial judge, said in
her judgment on Sept 23 that she was convinced that Joenalyn Mallorca was
sacked for sexually abusing her employer’s daughter who was only seven years
old at the time.
Ho gave her verdict after a three-day trial last week in
which both Mallorca and her former employer,
Mrs Ng, gave evidence via video link in West Kowloon Court
The employer had accused Mallorca of inserting her finger in
the genitals of her daughter on at least two occasions while washing the girl,
causing injury and inflammation. Ng also accused Mallorca
of adding a substance to the shampoo that irritated the girl’s scalp.
Ho said she believed Ng’s claim that the girl’s pubic area
was inflamed and that she had a painful urination due to the maid’s acts and
was consistent with the girl’s complaints.
This was the reason for Mallorca ’s
summary dismissal, the judge ruled.
The judge also said the matter involving child abuse and
neglect was outside of the labor issues at hand but she planned to refer the
matter to relevant authorities, suggesting a police investigation.
The Filipina returned home in December 2016 to look after
her mother, who was sick of lung cancer, and her two children without settling
four other items totaling $8,707.33, including wages in lieu.
She apparently added a claim for compensation when her case
went up for trial. According to Shiella Estrada, president of a labor union who
was allowed to represent Mallorca in court,
the total claim was around $85,000.
A second hearing was set for Feb 2, 2017, but Mallorca could
not return because no one would take care of her mother, so, she authorized the
NGO, Help for Helpers, to represent her.
With help from another NGO, Justice Without Borders, solicitors firm Dechert took Mallorca ’s
case to the High Court, which reversed Chum’s ruling and ordered the use of
video link. High Court Justice Bebe Pui Ying Chu also ordered the Tribunal to
restore Mallorca ’s claims.
The maid was later allowed by the Tribunal to be represented
in the trial by Estrada.
In Monday’s verdict, Judge Ho struck out Mallorca’s claim for one month’s wage in lieu of notice, a $300 claim for taxi fare from the
In all, Ho awarded only a total of $970 as Ng’s compensation
to Mallorca . No order was made as to cost, as
Ng did not apply for it.
The High Court’s decision to allow Mallorca to give evidence via
video-conferencing was seen as setting a precedent for other migrant workers who have returned
home to pursue cases against their former employers in Hong
Kong .
While testimony via video link is used at the District Court and the High Court,Mallorca ’s case was the first ever to be
allowed in the Labour Tribunal.
While testimony via video link is used at the District Court and the High Court,
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