By Vir B. Lumicao
 |
| Berbana was convicted of stealing Rmb1,700 from her employer |
A Filipina domestic worker who is appealing a theft
conviction has agreed to settle her labour claim against her former employer for
$5,951 on Sept 5.
Ana Liezel Berbana agreed to settle with Wong Ma-nger,
who had accused her of stealing RMB1,700.
But Labour Tribunal Presiding Officer David Chum rejected Berbana’s
attempt to also claim damages, saying she would only be entitled to this if she won her appeal against her conviction.
Berbana, 33, was arrested on Dec 21 last year after Wong
accused her of stealing 17 pieces of Rmb100 banknotes from the employer’s money
box. Berbana pleaded not guilty, but was convicted and sentenced to six weeks
in prison on May 16.
Berbana claimed during the trial that Wong had made up the
theft charge after she complained that she was using her own money to buy food
for the employer’s household.
Despite her conviction, Berbana was able to pursue her claim
for one month’s wage in lieu of notice, unpaid salary, annual leave, air
ticket, and food and travel allowance.
She also tried to ask for damages for what she claimed was wrongful
prosecution, but Chum told her to wait for the High Court ruling in her appeal.
“If your appeal is not allowed, you can’t claim damage in
this case,” Chum told Berbana.
Since the helper and the employer could not agree initially
on the labour claim, Chum warned that he would have to set down the case for
trial if they did not settle within the day.
Wong eventually said she would agree to settle but asked the
presiding officer to deduct from the settlement a certain amount for Berbana’s
alleged unpaid debt. But Chum said he couldn’t do that if the amount was
disputed.
The court went for a short break during which both parties
agreed to settle their dispute.
Chum approved a request by Wong to make the settlement payment
through the Tribunal no later than Sept 11.
