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Employer insists Filipina helper she falsely accused of theft must pay her

13 April 2021

By Vir B. Lumicao

 

After being arrested for a crime she did not commit, Narcelles is now being asked to pay up 

After accusing her former helper as a fake, a wealthy Hong Kong employer again derailed the worker’s claim today, Apr 12, by insisting she must pay her a month’s salary for provoking her to terminate their contract.

Chua Eh-fong appeared before Presiding Officer W.U. Pun to say the issue she raised about claimant Liverty Narcelles’ identity the previous hearing had been settled by the police.

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When Pun moved on to the helper’s claims, Chua agreed to pay arrears in wages for six days, meal allowance and air ticket. But she said she had already bought a ticket for Narcelles that the claimant didn’t use.

“That doesn’t matter. Under the contract, the employer must pay for the worker’s air ticket,” Pun cut her down.

But Chua brought up the theft case against Narcelles, as she did in the first hearing.

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“The fact that she has been acquitted shows she was not guilty. So, how can you say she stole from you? She’s been tried and been acquitted,” Pun emphasized.

Chua backed down and agreed to buy another ticket, as the first was non-refundable. But Narcelles said she chose cash because she wasn’t sure about when to fly home.


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The employer insisted on a ticket, saying that she had asked the Immigration Department and was advised that she could give the worker a ticket or cash. Besides, she said she had bought the helper a return ticket previously but she didn’t use it.

Pun said in the tribunal everything is settled in cash. As for the ticket, “it was because of your action that she didn’t enjoy the ticket,” he told Chua.

Narcelles told the Tribunal she gave a month's notice but her employer told her to go

Chua and Narcelles disagreed on who initiated the termination. The employer said she was claiming wages in lieu of notice because it was the Filipina who asked to leave her job right away.'

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“I gave her one month’s notice but she left immediately,” Chua said. “She provoked me to fire her.”

Narcelles said she gave Chua a month’s notice, but that evening the employer told her to go. And when she started packing her things, the employer told her to just pack her luggage so she could check it before she left around 10am the next day.'

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Pun asked Narcelles if she was ready to give up the one month’s wage claim as Chua had already agreed to settle the first three items.

Pun suggested the two parties talked outside the courtroom and go for a settlement, telling them a trial would waste their time and resources on such a small amount.

Narcelles replied she would accept Pun’s suggestion if Chua dropped her counter-claim. But Chua demanded Narcelles to pay her one month’s salary so she’d pull her claim.

Tunghayan ang isa na namang kwentong 
 

Seeing the deadlock, Pun instructed Chua to write a statement about her claim against the helper and sign it, then post it by registered mail to the Tribunal before May 3.

He also directed Narcelles to post to the Tribunal also by registered mail a signed reply to Chua’s statement before May 31.

Then he adjourned the case until Dec 1. 

BASAHIN ANG DETALYE


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