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By Daisy CL Mandap
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| Baby Jane is assisted by a local union in pursuing her claims |
Ailing Filipina domestic worker Baby Jane Allas has settled
her labor claims against her former employer for $30,000, during a half-day
hearing at the Labour Tribunal on Apr 15 before Principal Presiding
Officer Eric Tam.
The settlement, covering unpaid wages, a month’s salary in
lieu of notice, return air ticket, travel allowance and half-day pay for days
off not fully spent, was without prejudice to Allas pursuing cases in the Equal
Opportunities Commission or other courts.
Not included in the settlement was the Filipina’s claim for
damages over her supposed illegal dismissal. She had originally claimed a total
of $46,365 against her Pakistani employer, Jamil Bushra, who allegedly dismissed her
after learning that she had stage 3 cervical cancer.
Interviewed after the hearing, Allas, 38, a native of Palawan and a single
mother of five children, said she was not happy with the settlement, and will
definitely pursue her EOC case to win full justice.
She said all the statements made by Bushra through her
brother-in-law who acted as her representative at the hearing, were all untrue.
“Lahat ng sinabi ng employer ko na depensa nila, mali
The hearing was marred by the walkout of one elderly
spectator who openly protested the way Tam had castigated Allas earlier for
insisting that her employer should have been told to appear at the tribunal,
instead of sending her brother-in-law.
“Just tell the court what you want! The defendant is
pregnant and will deliver within a month or so, and she authorized this
gentleman and I accepted it,” said Tam in a stern voice.
At this point, the woman spectator stood up and shouted,
“She (Allas) has stage 4 cancer, for goodness’ sake! I am leaving this
courtroom!”.
Tam shouted “Shut up!” back at the woman, who walked out
before she could be escorted out by security staff of the courtroom.
Earlier, Bushra’s representative, referred to only as “Mr.
Shahajahan”, told the court the employer is pregnant, and is likely to give
birth in May or early June. She has reportedly been vomiting, and has been
advised by her doctor “not to travel.” However, she is said to be just at home in Hong Kong, resting.
CONFLICTING CLAIMS
At one point, the representative cried in open court, saying “My sister-in-law is pregnant, my father-in-law has a heart problem. But because she (Allas) is sick she asked to be allowed to live with her sister, and we agreed.”
The next thing they knew, he said, the family was put in a
bad light for allegedly sacking Allas while she was gravely ill.
He said the family had a good relationship with Allas, and
that they were all “shocked” when they heard that she had cancer. As a gesture
of goodwill, he said the family was willing to offer $40,000 to settle all her
claims, including the one before the EOC.
His claim was, however, denied by Allas. She told the
tribunal that she was made to sleep in a storage room under the stairs, and was
made to do chores like walking and feeding the dog, before and after taking her
day off.
She also said she was dismissed by her employer through a
letter given to her while she was still on sick leave.
“Nagmakaawa po ang kapatid ko na huwag putulin ang kontrata
ko,” Allas said, referring to her sister Mary Ann, whose employer, Jessica
Cutrera, eventually offered her shelter, and waged a successful media campaign
to shed light on her plight.
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| Baby Jane with 2 of her 5 kids who flew into HK to give her support |
FUND DRIVE RAISES $1M
To date, the funding campaign started by Cutrera has raised
nearly $1million for Allas’ treatment. The money has also funded the visit of
her two children and other relatives from the Philippines
A foundation run by the high-end Adventist Hospital
According to Cutrera, Allas was recommended for sick leave
between Jan 25 to Feb. 14, then Feb 16-18, during which her cancer was
confirmed to be an advanced stage 3 cervical adenocarcinoma.
But on Feb. 17, while she was supposed to be on sick leave, her employer gave her a termination letter, stating that her last date of employment was Feb. 19.
The letter reportedly stated:
But on Feb. 17, while she was supposed to be on sick leave, her employer gave her a termination letter, stating that her last date of employment was Feb. 19.
The letter reportedly stated:
”Your last working day was 24 January 2019…
Reason for termination (if any): Diagnosed with cervical cancer…
Given your medical conditions, I am no longer able to continue your employment effective from 19 February 2019.
Wish you good health.”
Cutrera said that because Allas’ employer had wrongfully terminated their contract, the helper lost the right to remain in
However, the Overseas Workers Welfare Administration in Hong Kong says Allas was still scheduled for follow-up treatment at
Welfare officer Virsie Tamayao said Allas had even asked for
her treatment to be continued at Queen
Mary Hospital
in Pokfulam which was nearer to where she was staying, but when this was
declined, agreed to return to Tuen
Mun Hospital
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