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| Baby Jane in tears at her Labour Tribunal hearing in 2019 |
Hong Kong’s District Court today (Tuesday) heard a HK$250,000 claim for alleged unlawful dismissal of Baby Jane Allas, a Filipina domestic helper who was fired by her employer in 2019 after being diagnosed with cervical cancer, and later died.
The claim is being pursued on behalf of Baby Jane’s
heirs by the Equal Opportunities Commission (EOC) against the late domestic
worker’s Pakistani employer, Jamil Bushra, who did not attend the hearing.
The EOC’s claim for compensation for alleged damages
for loss of income, emotional distress and medical expenses is based on the
Disability Discrimination Ordinance which prohibits an employer from firing an
employee on the grounds of their disability.
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| Basahin ang detalye! |
Deputy District Judge Ebony Ling reserved judgment until about three months later.
Baby Jane died aged 40 in her hometown of Palawan in
2021, two years after being diagnosed with cancer and undergoing chemotherapy
and other treatments in Hong Kong with the help of private donors.
Her sister Mary Ann A. Pereira, as administrator of Baby
Jane’s estate, acts on behalf of Mary Jane’s heirs, including her five
children.
Mary Ann told the court that Baby Jane was diagnosed
with stage 3 cervical cancer in February 2019 and received a termination letter
from Bushra days later, citing her illness as reason.
Reports from that time said a letter dated Feb. 17 was
served to Baby Jane by her employer in which it was stated that her contract
was being terminated effective Feb. 19 because of her illness. Baby Jane was
given sick leave by her doctor from Feb. 16-18.
Mary Ann said that because of the dismissal her sister
became deeply distressed, lost her appetite and had difficulty breathing.
While on visitor visa, Baby Jane filed a labor claim
against her employer for more than HK$46,000 for unpaid wages, return air
ticket and a month’s salary in lieu of notice.
She later agreed to settle it for HK$30,000 before the
Labour Tribunal but rejected an offer by her employer’s representative to drop
all her claims, including the one prosecuted by the EOC, for HK$40,000.
Mary Ann told the District Court that the employer
failed to pay the HK$30,000 settlement ordered by the Labour Tribunal.
Baby Jane returned to Palawan on Sept. 12, 2019, and
with help from about HK$800,000 raised from online crowdsourcing by Mary Ann’s
employer Jessica Cutrera, she operated a grocery store in her hometown of Narra, Palawan
She passed away on Mar 27, 2021 due to kidney failure.
