Filipina loses claim to $6k pay in lieu of notice, told to pay employer instead

 

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.

How? Pindutin dito

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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Family of DH charged with overstaying ask for help to locate her

 

Photo of Vargas shared by a netizen worried about her mental health

The family of a Filipina former domestic helper whose photo was posted online by a netizen who expressed concern about her mental well-being is asking for help in locating her so she can be brought home.

A Facebook post that was shared with the family of Kris Hope Vargas on Nov. 27 said she was seen wandering near K11 Musea in Tsim Sha Tsui, apparently not in her right mind. She was seen holding a mobile phone, looking dazed and dishevelled.

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Her family immediately contacted the Overseas Workers Welfare Administration in the Philippines to ask help for her immediate repatriation. As of this writing, however, OWWA has yet to get information on her whereabouts as her previous recruitment agency said it had lost touch with her in 2019.

Vargas, 32, was previously jailed for six months for money laundering and had been in and out of court since two years ago as she faced another charge of overstaying her visa. The charge said she should have remained in Hong Kong only until Mar 10, 2020, after her FDH visa was terminated.

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She was arrested outside Chung King Mansions in Tsim Sha Tsui on Nov. 10, 2020 and charged with money laundering and overstaying. She was jailed on June 7, 2021 on the laundering charge but the prosecution asked for more time to look into her alleged breach of condition of stay.

Subsequently, she filed a non-refoulement claim, or against being sent back home, which allowed her to be freed on bail while her immigration case was being heard, along with the overstaying charge.

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But through several months of hearing at Eastern Court, Vargas had jumped bail at least twice, prompting the magistrate to forfeit her bail, and order her arrest. This happened in November 2021 and again on Apr 26, 2022.

Her case did not appear in the court list again until today, when it was mentioned for another hearing at Eastern court tomorrow at 9:30am.

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Despite this, it is not clear if the authorities have somehow found Vargas and put her back in detention, or if the case was just listed down again as a matter of practice.

But whatever happens in court, Vargas’ family just wants her back home as soon as possible, saying her father has been distraught, especially over news that a crime syndicate has been holding her against her will.

Anybody with information about her whereabouts and how she can be helped may contact the OWWA hotline, 6345 9324.

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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.

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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

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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.

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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.

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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.

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OFW lounges to open at NAIA Terminals 1 and 3

 

The OFW lounge at Terminal 1

OFWs going to their work sites abroad will have a new reason to arrive earlier when departing from the Ninoy Aquino International Airport: They can enjoy for free the facilities of two lounges that will be opened exclusively to them – one in Terminal 1 and another in Terminal 3.

Official announcements have yet to be issued by the Department of Migrant workers or the Overseas Workers Welfare administration, which is undertaking the project, except for pictorials and teasers from OWWA.

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According to reports, however, the OFW lounge in Terminal 1 will open on Dec. 15, while the one in Terminal 3 will open in January.

An official of the Ninoy Aquino International Airport also said the agency is involved in the projects to help enhance the travellers’ experience at Manila’s airport.

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The lounge facilities include comfortable sofas, free wi-fi access, phone charging points, and power outlets to enable departing OFWs to recharge their electronic devices.

OFWs can also approach information desks, where they can get information about the places they are bound to, access to helpful resources and answers to questions about their work sites.

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However, unlike in lounges reserved for business or first class travelers or holders of special access cards, no free food will be served in the OFW lounges.

Since they would be able to mix with fellow OFWs, they would be able to exchange expeiences, establish friendships and connect to online communities in their host countries.

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With the construction work mostly completed, several officials have visited the lounges, among them Atty. Honey Quiño, OWWA deputy administrator , and James B. Mendiola, OIC-Repatriation and Assistance Division, according to an OWWA Facebook post.

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One more statutory holiday to be added from next year

 

FDWs will have a longer Christmas celebration starting next year

From next year, another statutory holiday in Hong Kong will be added, making a total of 14.

The extra holiday that can be enjoyed by all workers in Hong Kong is the first working day after Christmas, which is usually December 26. An extra holiday must be given if Christmas or the day after falls on a rest day.

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Currently, December 26 which is also known as “Boxing Day” in the United Kingdom and other Commonwealth countries, is designated as a public holiday, or a day when most business, government and schools are closed as a matter of practice. But it is not a statutory holiday.

In line with the amendment to the Employment Ordinance passed in 2021, statutory holidays will be increased every two years from 2022 to 2030 to align them with the 17 public holidays in Hong Kong.

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The first statutory holiday that was added in 2022 was the Birthday of the Buddha, which falls on May 8.

After next year’s extra day-off for all workers, the next to be declared as statutory holiday is Easter Monday starting in 2026, Good Friday from 2028, and the day following Good Friday from 2030.

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The Employment Ordinance provides that all workers employed under a continuous contract (or those employed continuously for four weeks or more, with at least 18 hours worked each week) for not less than three months shall be entitled to a statutory holiday.

Below is a list of all the statutory holidays for 2024. For any enquiries, please call the Labour Department’s 24-hour hotline, 2717 1771 (manned by 1823).

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Statutory Holidays for 2024

The 14 statutory holidays for 2024 are:

1.	The first day of January	1 January
2.	Lunar New Year's Day	10 February
3.	The third day of Lunar New Year	12 February
4.	The fourth day of Lunar New Year	13 February
5.	Ching Ming Festival	4 April
6.	Labour Day	1 May
7.	The Birthday of the Buddha	15 May
8.	Tuen Ng Festival	10 June
9.	Hong Kong Special Administrative Region Establishment Day	1 July
10.	The day following the Chinese Mid-Autumn Festival	18 September
11.	National Day	1 October
12.	Chung Yeung Festival	11 October
13.	Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)	21 December or 25 December
14.	The first weekday after Christmas Day*	26 December

*According to the Employment (Amendment) Ordinance 2021, the newly added statutory holiday from 2024 onwards is the first weekday after Christmas Day.

Please note:

（i）According to the Employment Ordinance, when either Lunar New Year's Day, the second day of the Lunar New Year or the third day of the Lunar New Year falls on a Sunday, the fourth day of the Lunar New Year is designated as a statutory holiday in substitution; and in the event that the day following the Chinese Mid-Autumn Festival falls on a Sunday, the day thereafter (i.e. the 17th day of the eighth month of the lunar calendar) is designated as a statutory holiday in substitution. As the second day of Lunar New Year of 2024 falls on a Sunday, the fourth day of Lunar New Year will be designated as a statutory holiday.

（ii）All employees are entitled to the above statutory holidays. If the statutory holiday falls on a rest day, a holiday should be granted on the day following the rest day which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day. An employee having been employed under a continuous contract for not less than 3 months is entitled to the holiday pay which is equivalent to the daily average wages earned by the employee in the 12-month period preceding the holiday.

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