By Daisy CL Mandap
Arro says her swollen lips were caused by the lunchbox that her employer smacked on her face |
A Filipina domestic worker is set to confront her former employer at the Labour Department on Sept. 2, after she decided to quit her job without notice, alleging physical abuse.
Emerald L. Arro said in her termination letter dated Aug. 7 that she decided to quit because her employer, S.Y. Chan, had hit her three times without provocation since she was hired on May 17 this year.
The last time happened on the night of Aug. 6 in the employer’s house in Shatin. Chan allegedly slammed a lunchbox containing food on Arro’s face, as she lay on her bed, about to sleep.
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The first two incidents allegedly happened separately in June this year.
On Jun 18, Arro said her employer slapped her hard on the back, in a bid to check if she was lying about a backache for which a doctor had given her a day’s sick leave.
The second one is said to have happened on Jun 20, after Arro opened their main door and failed to let the employer go in first. Arro claimed Chan pushed her aside, causing her to crash on the door, and said she was being impolite.
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Arro said the final incident was triggered when she complained to Chan and her husband earlier about how she was not given her food on time.
The Filipina said she was forbidden from getting her share from the food she had cooked for the family, and had to wait for her employer to put a portion in the lunchbox before she could eat, often long after everyone else had their fill.
She also complained to the couple about how she was often paid her salary days after it was due.
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The couple reportedly got angry and asked the helper to sit down and talk further about her complaints, but she told them she was tired and went into the bedroom she shared with her ward, then lay down on her bed.
Shortly afterwards, Chan followed and slammed the lunchbox on her face, saying it held the food she was meant to eat.
Arro said that was the last straw, and called the police. She showed them her swollen upper lip, but after talking with her employers, the officers refused to record the incident, and left.
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As the next day was a Sunday, Arro managed to meet up with a friend, and after consulting several groups, decided to cut short her employment contract.
But before this, she went to Prince of Wales hospital to seek treatment and get a medical certificate for her lip bruise, which by then had almost disappeared.
Before leaving the house, she said Chan gave her salary, which was again delayed for a week. Arro said her employer must have realized that it was the last day for her to pay the salary without a fine.
Arro felt the couple could have also anticipated her deciding to quit, in which case they would ask for the money back as payment in lieu of one month’s notice.
But she decided to just leave after accepting her pay
But that same day, Arro went back to Chan’s house along with staff of the employment agency that recruited her, saying she wanted to pick up all her stuff as she had decided to leave.
Chan and her husband did not allow the helper and the agency staff to enter, saying Arro must pay them one month’s salary first as she was leaving without serving notice.
When neither side agreed to budge, police were called. At first the officers were inclined to side with the employers, but after being shown a copy of Arro’s medical certificate and being assured that she would not run away before the conflict with her employers had been sorted out, they allowed her to take her stuff.
Arro sent out this video to ask for help after the alleged third assault |
With help from the
At the same time, she received advice from the Consulate’s assistance to nationals section on whether “constructive termination,” which allowed her to leave her employment without giving prior notice to her employer, applied in her case.
But her employer did not waste time, either, filing a claim against her at the Labour Department, for a month’s salary in lieu of notice.
With help from the Mission, Arro is filing a counter-claim, using the alleged ill-treatment that she got from her employer as ground and reason for leaving without notice.
Arro is hopeful that she would win her claim, and along with
this, her right to remain in
In the more than five years that she had worked in
This last incident she considers as a glitch – she is confident there are still a lot of kind-hearted employers out there who would treat her right, if not better.
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