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Filipina DH accused of theft settles labour claim for $20.5k

19 January 2022

The Tribunal officer urged both parties to settle to end their dispute once and for all

A Filipina domestic helper was today paid a total of $20,533 to settle a labour claim she filed against her former employer who terminated her and accused her of stealing some $400,000.

L.C. Lazaro still managed to say thank you to her employer after agreeing to the settlement amount which was about $11,000 less than what she had originally claimed.

“I want to be thankful to my employer,” L.C. Lazaro told Labour Tribunal presiding officer Timon Shum today, Jan. 19. “I agree to what he is willing to pay.”

PINDUTIN PARA SA DETALYE

Lazaro had originally asked for $31,504, of which $17,166 was payment for one month’s salary in lieu of notice, outstanding salary, annual leave and holiday pay, air ticket and travel allowance; plus $14,338 for severance pay.

Lazaro filed her claims last November after her employer, Li Hoi Ho, called the police and accused her of stealing, before terminating her. The Filipina has denied the accusation.

Lazaro was originally hired by Li’s mother in 2016, but was terminated after seven months. After moving to Macau, she received a call from Li asking her to return to Hong Kong. Li took over signing Lazaro’s contract after his mother died. In all, the Filipina had worked for the family for four years.

Pindutin para sa detalye

Shum clarified that both parties had agreed on the need to pay Lazaro most of her claims, with the employer offering to pay $13,194, but not for severance pay.

The tribunal officer suggested that the parties agree on the non-controversial offer of the employer of $13,184 and move on to the remaining claim that can be resolved in court.

When Lazaro questioned how the employer arrived at the offered amount, Shum said threshing out the details can be done in a court, but it will take time and it could go either way.

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“It’s up to you to argue over history,” he added.  “The possibility of the settlement is you get money first.”

Turning to Li, Shum explained that the law allows an employer to not pay the termination or severance pay if the employee does a serious misdeed, such as dishonesty, during employment.

Thus, the resolution of this issue depends on the police investigation of Li’s theft accusation, which Lazaro denies.

PINDUTIN PARA SA DETALYE

But he suggested that the case can be settled fully. “I would say it’s like a fire. If it goes on, it makes you worry you may be burned,” Shum added.

Shum said Li can settle the whole case for his own peace of mind, suggesting a 50 per cent discount on what Lazaro was asking for termination or severance pay.

“Okay. I accept,” Li answered after a few minutes. This brought his total discount to $10,971.

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