By The SUN
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| The case will be heard on Mar 23 at the District Court in Wanchai |
An Indonesian domestic helper who was molested by her former employer has filed a civil claim against her abuser, the two employment agencies that placed her and their respective representatives, in a case that could have far-reaching implications for foreign domestic workers who are similarly situated.
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The helper filed the case with the District Court on Wednesday and named as respondents her employer, a married senior manager at the Leisure and Cultural Services Department; her employment agency in Indonesia, Sumber Makmur Trading Co. and its intermediary Yeung Chung Muk; as well as its Hong Kong counterpart, Home Care Employment Agency Limited and its licensed intermediary, Kiwi Lai.
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No
amount was stated in the claim, which has been set down for hearing on Mar 23.
The claimant alleged that the employer had violated the Sex Discrimination Ordinance while the agencies and their intermediaries had failed to fulfill their contractual obligations to her.
The 56-year-old employer was found guilty of 13 counts of indecent assault against the helper in April last year, and sentenced to 36 weeks in prison.
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During
trial, it was alleged that the employer had touched the helper’s thighs and
shoulders, and even kissed her cheek and lips on 13 occasions between February and May, 2021 in his residence at Pak Sha Tsuen, Yuen Long.
According to the claim, the employer violated the Sex Discrimination Ordinance by sexually assaulting and harassing the helper.
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On
the other hand, the two agencies and their representatives failed to fulfill
their responsibilities to her, such as explaining her rights under the law; and
not telling her to seek help from the police, Labor Department and the Equal
Opportunities Commission after the assaults.
After the worker informed the agency representative about the first seven sexual assaults, she was told to trust her employer more. The agency staff also passed on to the employer a video clip of the molestation which the worker had secretly filmed.
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After
this, the agent Lai prepared a document which she encouraged the helper to
sign, in which she agreed to renounce her claim against her employer. As part of the deal, the employer promised
not to repeat the offence and offered the helper $3,000 in compensation.
When the helper hesitated, Lai told her that if she wanted to change employers she needed to return to Indonesia first, and there was no guarantee she would find a new employer.
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The
worker was forced to sign the document as she needed the job and still had
loans to pay off.
After this, the employer asked the helper if she had deleted the video and she said yes, but in truth, she had not.
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Two
months after their meeting at the agency, the employer started molesting the
helper again. This happened six times more before the worker found the courage
to finally escape.
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