In Hong Kong, the government has set up laws to protect both employer and employee through a process which will require either party to submit legal documentation should they wish to end a contract or render termination for transfer of work.
This has surely served its purpose under ideal conditions where both parties comply with the government’s directives as to how to proceed with the matter. However, in cases where either of the two parties does not show up the justice system will be challenged and be put into the test.
HKD 9,000 Awarded to Pinay DH for Claim Case vs Employer
Recently, the Labour Tribunal has awarded HKD 9,000 worth of claim to a domestic helper vs her employer who was illegally terminated from work in November of last year, as shared in a report by the Sun.
However, the chances of collecting the claim in full seem rather obscure as the employer never showed up in court or could be contacted since the case has been picked up by the Labour Tribunal.
The 48-year old domestic helper, Vilma V. Rosete, filed her claim against Wong Kwok-chung after she had been terminated last Nov 26 by the employer’s wife without giving her a month’s notice and compensation.
Tribunal Presiding Officer Eric Tam decided to award one month’s wage of HKD 5,000 in the place of notice, arrears in wages for one week, payment for two unused days off, and HKD 2,700 for a one-way air ticket fare back to the Philippines.
However, Presiding Officer Tam the sum total of the recompense ordered did not include a severance pay of $14,274 claimed by Rosete.
With the award certificate provided by the Tribunal to Rosete, she can now visit the District Court’s assistance to have the court bailiff to enforce the judgment. However, for this to proceed, Rosete will need to pay the bailiff a couple of thousand dollars, which the Rosete does not have at the moment.
During the initial hearing on December 10, Wong ignored the court order sent by the Tribunal to his address in Kwai Shing Estate, Tai Wo Hau, Tsuen Wan.
As per Rosete, she had nothing against her employer [Wong] because it was his wife who had made her life miserable while working for them. Also, despite the abuse she’s experienced at the hands of Wong’s wife, Rosete did not attempt to report to the police because she pitied the children.
When Rosete had gotten into an argument with Wong’s wife, she was ordered to leave the house for good. During this time, her agency helped her file a report and gave her a place to stay.