When there’s injustice involved, such as suffering from abuse or sustaining injuries at work, domestic helpers need to understand where they stand in the law and where to look for help or assistance in such cases.
Having access to this information or to people who can give you advice regarding such cases could make a big difference in filing labour or human rights cases, especially through the help of our Philippine consulate in the host country.
Pinay Maid Seeks HKD 250,000 Against Employer for Injuries from Falling Glass Shelf
A Filipina maid who was driven out of her employer’s house just three days after she underwent surgery for injuries on her feet which she sustained during an accident at work involving a falling glass shelf, is now seeking a HKD 250,000 compensation through the District Court, as shared in a report by the Sun.
Last January 18, Cherry (name altered) appeared before Judge Katina Levy to file a leave to update her address in her application for employee compensation after over two years since her accident.
The private lawyer representing Cherry’s employer also filed an application to amend the spelling of the name of their client.
Judge Levy approved the amendments and ordered the applicant to file the amended application within 40 days of its release, and the respondent to file a response within the duration period upon receipt of her copy of the application.
As of now, no date has been set yet for a hearing as the claimant still waits for the result of her application for Legal Aid.
According to Cherry, she sustained injuries on both her hands and feet when a loose glass shelf fell on her insteps while she was cleaning a steel rack at her employer’s residence on October 9, 2016. Cherry had only been working for her employer for just a month at the time.
After the accident, the wife of her employer did not make any effort to get her treated at the hospital, instead, she even scolded Cherry for being careless. It was her male employer who brought her to the hospital, where she got stitched up and treated for two days.
On Cherry’s third day at the hospital, her employer reportedly sent an ambulance service crew to bring her back to the residence. Back then, Cherry was still unable to walk properly and was still on crutches. Being in such a condition Cherry’s employer allegedly instructed her to stay inside her room, but was not given any food and water.
On her second day back in the residence, Cherry’s employer allegedly instructed her to write a resignation letter because of her condition.
Cherry refused to follow her employer’s instructions at first but after they threatened her that they won’t be paying her salary, Cherry eventually wrote her resignation letter.
However, according to Cherry, it was her employer who wrote the last sentence in her letter stating that the effective date of her termination was on October 12, 2016.
After Cherry was evicted out of the residence, she took her case to the Labour Department, which escalated the case to the Labour Tribunal because her employers refused to come up with a settlement.
However, Cherry shared that the court had only awarded her claim for the plane ticket and advised her to file a civil claim for compensation at the District Court.