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Indonesian DH files racial discrimination suit vs former employers

15 September 2023

 

The traditional jilbab that Dwi-Lestari was allegedly forbidden to wear (File)

An Indonesian Muslim who used to work as a domestic helper in Hong Kong is seeking more than $250,000 in compensation from her former employers for allegedly sacking her because of her religious beliefs and practices.

Dwi Lestari took out a writ at the District Court against her retired former employer, Leung Choi, her son Ho Wai-sun and daughter Ho Wai-ngor, for their alleged breach of the Race Discrimination Ordinance.

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Dwi-Lestari said she was sacked on March 16, 2020, just two weeks into her job,  after the family told her to stop wearing a a jilbab, a full-length garment covering her body; and not to pray during work.

Her religion reportedly requires adherents to pray five times a day, but Dwi-Lestari said she limited it to just three during her brief stay at Leung's flat in Wah Fu estate in Aberdeen.

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Dwi-Lestari’s lawyers said she was not told before signing the contract with Leung, who is now 87, that her family would not allow her to practise her religion while working for them.

She is seeking a total of $254,620 for unpaid wages, a month’s salary in lieu of notice, injury to feelings, loss of earnings and punitive damages.

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In the nine years that she had worked for four other families, Dwi-Lestari said she was not stopped from wearing the jilbab, or pray at designated times.

But shortly after she started working for Leung’s family, Wai-ngor allegedly complained about her wearing a jilbab, and told her to stop wearing the garment whenever she  accompanied their family in public.

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Lestari relented by wearing only a headscarf and cap when she had to step out, according to the writ.

Later on, the siblings also reprimanded her for doing her daily prayers inside the flat, with the son allegedly saying that it would scare their elderly mother “to death” if that was what she saw as soon as she woke up.

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The helper reportedly apologised and offered to pray outside the flat, but the son insisted she must stop the practice altogether.

Shortly afterwards the family terminated their contract and Wai-sun allegedly gave her just $100 plus an air ticket booked for Indonesia the next day. She spent the night at her employment agency’s boarding house before flying out.

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In early 2021, Dwi-Lestari was helped by the NGO,  Justice Without Borders,  in filing a complaint with the Equal Opportunities Commission. An attempt by the EOC to broker a settlement between the parties failed so the helper decided to go to court.

Dwi-Lestari filed the writ at the District Court on Wednesday, and the first hearing has been set for November

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