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Tribunal restores claim of DH who claims abuse by employer’s partner

09 June 2020

By Vir B. Lumicao
Rosareal was allowed by HK Immigration to process a new work contract after complaining of the alleged abuse
A Filipina domestic worker who is claiming compensation from her former employer has been given a chance by the Labour Tribunal to ask a witness to support her claim of abuse against her boss’ companion.

The order was issued today, Jun 8, as Presiding Order Timon Shum restored the compensation claim filed by Lanie Grace Rosareal 30, against her employer, Leung Shet-ying.

Shum dismissed the case last Dec 21 when Rosareal failed to appear in a scheduled hearing, but restored it today after accepting the claimant’s explanation that she did not receive any court notice about the hearing.
The abuses that Rosareal claimed she suffered at the hands of Leung’s companion Au Wai-chun resurfaced when Shum began ticking off the seven claims the helper filed against her former employer.
Rosareal and Leung were deadlocked over the arrears in wages and $10,000 terminal payment items in her claim against her former employer.

Rosareal her bruised forehead in this picture was caused by Au

Leung insisted she won’t pay the remaining wage arrears and terminal payment, saying she had already paid the maid $40,000. She also said it was the maid who left her house.

When Shum asked Rosareal why, she said it was in fear of the physical abuse she suffered from Au. She also said each time she was paid her salary, Leung would order her to pay it all back to Au, supposedly as penalty for all the “mistakes” she had made in her work.

“Your employer gave you money for your wages but you gave it to another person, so why do you chase Ms Leung,” Shum asked.

“Because she told me to go to her [Au] and pay my punishments,” Rosareal replied, saying she did so out of fear of Au’s violence.

Leung said that was not true, but the officer rebuked her.

“Ms Leung, the claimant said she left the house because of Madam Au’s violence. You said you are not inviting Madam Au as your witness. But the claimant said she was beaten up by Madam Au and you are not inviting her to contradict her?” Shum said.

The employer said this case has given Au a lot of stress and she did not want to give her companion anymore trouble over it.

Pindutin para sa detalye
Leung said the police arrested Au but released her on bail after interrogation. She said after a number of visits to the station, the police eventually dropped their case against Au. Rosareal, in reply to Shum’s query, confirmed the police had indeed withdrawn the case.

“Do you have a witness to give evidence in court?” Shum asked, and Rosareal said yes. Her co-worker in Leung’s house, Rowela Suete, now in Brunei, is willing to testify, she said.

Before the adjournment, Shum directed Leung to prepare all documents and submit these to the court by Jun 29. He also ordered her to submit air ticket quotations, all summonses sent her by the Sha Tin Court, results of the case and how much Leung paid Rosareal.

Shum also ordered Leung to furnish him a copy of Au’s statement to the police about the alleged violence she has inflicted against the claimant.

Likewise, Shum told Rosareal to submit all documents and her witness statement explaining why she should be paid by Leung despite the latter claiming she had already paid her.

He also directed the claimant to submit air ticket quotations and, if she is inviting her witness Suete to give evidence, a copy of her witness statement.

Lastly, he instructed the claimant to submit a copy of the letter from the police about their dropping the case against Au.

Shum adjourned the hearing until Aug 18.

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