The case was decided at the Labour Tribunal |
The Labour Tribunal today rejected a Filipina domestic helper’s claim for $6,000, representing one-month's pay in lieu of notice, and instead ordered her to pay that amount to her employer, plus court costs of $200.
The tribunal’s Deputy Presiding Officer, Jennifer Ng, ruled that it was Aiza Tenorio who left her employer, rejecting her earlier claim that she was constructively terminated by Chong Hui Sai Stephanie.
The ruling ended the trial for one of the last remaining issues in their labor case. Since it was Tenorio who left, she also lost her claim to long service pay. And since Chong had hired her replacement, Tenorio was also not entitled to severance pay.
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The two had earlier settled Tenorio’s claims for unpaid
wages, annual leave, overtime pay, air ticket and travelling allowance.
Ng noted that because of Tenorio’s changing testimonies during
the hearings, she gave the employer’s evidence more weight. “Defendant was more
honest and reliable,” Ng concluded.
Their dispute arose from an argument that erupted after an
unleashed dog attacked the two dogs that Tenorio and her employer were walking
last Feb. 10 in Happy Valley. After the attacking dog was pulled by its owner
and Tenorio tried to control one of her employer’s dogs named Seal, it bit her
arm.
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Tenorio claimed that she felt that she was in danger under Chong’s employ when the employer insisted that it was the other dog that bit her.
“If you don’t follow me,” Tenorio had quoted Chong, “it is
better to fire yourself.”
But based on the testimonies, Ng noted that Chong asked Tenorio
if she wanted to go to a hospital for a check-up, which the helper rejected
because the wound was superficial. Chong even took pictures of the bite, using
Tenorio’s phone.
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They parted ways there, and when Tenorio arrived at Chong’s home late in the evening, police were there, investigating Chong’s complaint that $30,000 worth of her “European currencies” were missing.
Ng noted that Chong did not name Tenorio as a suspect,
because she did not want her to leave as she could not manage to walk two big
dogs by herself.
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Tenorio later packed her belongings and had her employer
check them in front of a security guard. She then went to Ruttonjee Hospital
for treatment, reported the dog-biting incident to police and did not return.
“There was no dismissal,” Ng concluded.
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