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| Rosareal is shown with a big lump on her forehead in this photo taken just before she left Leung's house 2 years ago |
The Labour Tribunal is set to hold a four-day trial in
November of a Filipina domestic worker’s claim against her former employer whose
partner allegedly tortured her and deprived her of six months’ wages nearly
three years ago.
Lanie Grace Rosareal and her ex-employer, Leung Shet-ying,
failed to settle their dispute at the hearing today, Aug. 18, so Presiding
Officer W.K. Ling set down the trial from Nov 23 to 26.
Rosareal, 30, had originally sought more than $200,000 in
unpaid wages, one month’s salary in lieu of notice, return air ticket and
damages from her former employer, Leung Shet-ying.
She has been paid a total of $42,517 so far, but at today’s
hearing, Leung, 66, offered only $5,000 more.
For her part, Rosareal was willing to settle for an extra
$12,000 as payment for arrears in wages and long service pay, as well as a
one-way air ticket to her hometown costing $2,265.
After spending more than an hour trying to convince the two
parties to settle their dispute, the presiding officer gave them a further 15
minutes to talk outside the courtroom.
The presiding officer said she was suggesting that both
parties settle instead of going to a trial because the amount being disputed
was not big.
She reminded Leung in particular that in a trial, details of
the case would again be brought back in the open, including the claimant’s
allegation that she had been abused by the employer’s partner, Au Wai-chun.
In Rosareal’s case, Ling said her credibility would be put
to test because she will not have a witness to support her allegations if she
could not convince her former co-worker at Leung’s house to come to Hong Kong and testify.
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| Rosareal's notebook in which Au allegedly made her write down her 'mistakes' with corresponding penalties |
Asked by Ling whether she has a new employer and if she would be allowed by the employer to attend the trial, Rosareal said yes. She said her employer knows about her case.
The police investigation of Rosareal’s complaint and the
ensuing prosecution of Leung by the Immigration and Labour Departments held up
the hearing of her claim for nearly two years.
Leung was charged along with Au in Shatin court on 11
charges or failing to pay wages on time, and four counts of abetting illegal
work. Prosecutors alleged that the two had forced Rosareal do illegal work in
the house of Au’s son.
The charges were subsequently dropped against Au, while
Leung pleaded guilty to all the 15 counts of labour and immigration offences.
On Nov. 4, Leung was sentenced to 160 hours of community
service and fined a total of $33,000.
She was also ordered to pay Rosareal $39,617 in compensation.
When the hearing of her labour case resumed on Jun 8, Presiding
Order Timon Shum restored Rosareal’s compensation claim and allowed her to
present a witness to back up her abuse allegation.
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| Tunghayan ang isa na namang kwentong Dream Love |
Rosareal said she would try to convince her former
co-worker, Rowela Suete, to return to Hong Kong
and act as her witness.
The abuses that Rosareal claimed she suffered at the hands
of Au resurfaced when Shum began ticking off the seven claims the helper filed
against her former employer.
At the initial hearing of her claim at the Labour Tribunal in
January 2018, Rosareal accepted just over $2,400 in unpaid wages and the cost
of the return air ticket from Leung.
She asked then that her remaining claims be put on hold
pending the police investigation of her complaint that Au, 67, had subjected
her to physical and mental abuse, and Leung did not do anything to stop her
partner.
She fled their house on Nov. 17, 2017 along with Suete, who
initiated sending out appeals for help via social media.
Rosareal said in her claim that after Leung had paid her
salary for the last six months of her employ, Au took it all back as “penalty”
for supposed infractions, such as failing to take the thread out of an
underwear, or scowling when scolded.
She presented as evidence a notebook in which Au had made
her list down her “mistakes” with the corresponding penalty, along with
handwritten notes on how the maid could improve her work.
