The SUN HK : Trial set for discrimination case vs employer of deceased FDH

Joan's viral photo, taken shortly after she was dismissed by Choy early on May 1, 2017

The stage is set for the trial of a Hong Kong employer who is being sued for damages for allegedly firing her late Filipina domestic helper in the wee hours of May 1, 2017, two days after she was discharged from hospital for cancer treatment.

Chief District Judge Justin Ko set the trial for five days from February 21 next year, after hearing from counsel for both parties earlier today, Dec. 4, on how to proceed with the case.

Judge Ko also verified with both counsel that an attempt at conciliation was made by the Equal Opportunities Commission, but failed.

PINDUTIN PARA SA DETALYE

Suing on behalf of the late Joan S. Guting is her friend, Carla A. Temporosa, who took care of the cancer-stricken Filipina while she was receiving treatment in Hong Kong, and after she was sacked by her employer, Rita Choy Chiu-yee.

Temporosa is suing Choy for damages as well as a written apology over her alleged “discriminatory, offensive and inhumane” conduct towards Guting

PINDUTIN DITO!

Choy is denying the allegations and argues the termination of Guting was legal and she was paid all that was due her.

According to the claim, Choy began discriminating against Guting after learning about her medical condition sometime in March 2017

The domestic helper was allegedly ignored, not given enough food, and the utensils she used like pans and plates were thrown away.

The worst was when she was terminated and told to leave Choy’s house shortly after midnight while still receiving treatment for her various ailments.

PINDUTIN PARA SA DETALYE

On March 5, 2017 Guting learned that she had stage 3 and 4 cervical cancer, oedema and acute renal failure. She had been with Choy for about 27 months then

Guting began undergoing treatment, but 10 days before completing her 20^th radiotherapy session at Tseung Kwan-o Hospital, she was reportedly woken by Choy and told that she needed to go because she had already used up all her leave benefits.

All her things were said to have been packed in a suitcase and two striped bags, and her employers tried to get her into a taxi so she could go to her church’s shelter.

BASAHIN ANG DETALYE

Not knowing what to do or where to go, Guting called up Temporosa instead, who managed to get to her only at about 2am, as she lived all the way in Fanling.

During an earlier interview with The SUN, Temporosa said Guting’s relationship with her employer was not entirely hostile as she was paid all her salary during her sick leave, and was given $10,000 on her last day for unpaid wages and other benefits.

Later, Choy paid over $1,000 more to settle all of Guting’s claims at the Labour Tribunal.

But because of the way she was kicked out while still sick and fragile, Guting was advised to file a case with the EOC against Choy for violation of the Disability Discrimination Ordinance.

Guting continued receiving medical treatment in Hong Kong until October 21, 2017, when she decided to return to the Philippines. She died on August 18, 2018..

Temporosa is seeking a declaration that Choy unlawfully harassed or discriminated against her friend.

She is also demanding a court order for Choy to apologize to Guting’s family, and pay them compensation for their loss and damage.

Guting was originally represented in court by human rights lawyer Michael Vidler, who has since left Hong Kong. The case is now being handled by Haldanes, on instruction by Legal Aid.

Choy is represented by solicitors Joseph MK Chan.