A Hong Kong court has ordered the former employer of a late Filipina domestic worker who was fired after a cervical cancer diagnosis in 2019 to pay more than HK$251,000 to the deceased’s family. An NGO has welcomed the ruling but said such ordeals were “unbearably long and painful.”
The verdict, made on Friday, came more than five years after Baby Jane Allas died. Allas, who was 40, passed away in the Philippines in 2021.
Three months before her death, the migrant worker – with the help of the Equal Opportunities Commission (EOC) – sought damages and other relief from her ex-employer Jami Bushra under the Disability Discrimination Ordinance.
Deputy District Judge Ebony Ling wrote in the judgement that Allas was “suddenly dismissed just three days” after being diagnosed with cervical cancer.
“The dismissal must have been a heavy blow to the Deceased when she was already facing the shock and anxiety of having a life-threatening illness,” Ling wrote in the judgement.
Allas was the sole breadwinner for five children, and also took care of her elderly mother, Ling added.
“The dismissal caused severe emotional distress and financial pressure,” the judge wrote.
Ling ordered Bushra to pay Allas’ family HK$33,367 in loss of income, calculated based on her contract being terminated eight months early.
Bushra is also to pay HK$120,000 for “compensation for injury to feelings,” as well as HK$98,286 for medical expenses.
According to the judgement, Bushra never apologised to Allas during her lifetime.
In April 2019, Allas was awarded HK$30,000 in compensation from her former employer at a Labour Tribunal hearing. She had originally sought around HK$84,000.
Years-long court battle
Allas was abruptly dismissed in February 2019 while on sick leave for stage three cervical cancer. Her employer wrote in the termination letter that the reason for ending the contract was her cancer diagnosis.
Her story sparked an outcry among migrant worker activist groups, which said workers fired after being diagnosed with an illness are left with little support and access to healthcare.
Allas was no longer eligible for subsidised medical care at the city’s public hospitals after being terminated.
A crowdfunding campaign organised by the employer of her sister Mary Ann, also a domestic worker in Hong Kong, as well as support from the Adventist Hospital Foundation, helped cover some of her expenses in private medical institutions.
In a statement dated Friday, the Hong Kong Federation of Asian Domestic Workers Union (FADWU) said it welcomed the court ruling, but that it was delayed.
“On one hand, we acknowledge that the long struggle has reached a stage of closure; on the other hand, the ordeal for migrant domestic workers is unbearably long and painful,” FADWU wrote.
Last year, Allas’ sister Mary Ann, who is also a domestic worker in Hong Kong, said at a press conference organised by FADWU that she had already waited “six long years.” She said she wished to move on completely.
In response, the EOC said the process was made lengthy by procedural matters, including that an authorised person had to be appointed to take over the court proceedings when she passed away, and the fact that her employer had moved away from her last address and was not contactable.
In the Friday statement, FADWU said domestic workers fired over an illness are faced with an “unbearable financial burden.”
“Most workers fear that the lengthy legal process will prevent timely treatment, so they dare not file claims. As a result, most dismissed workers either return to their home countries for treatment or await the end of life without proper care,” FADWU wrote.
In an EOC statement released on Sunday, the commission’s chairperson Lisa Lam said the judgement served as a reminder to employers that it is unlawful to dismiss employees on the grounds of their disability or sick leave.
“In cases where an employee’s disability affects his/her job performance, the employer should consider first making reasonable accommodations to assist the employee in fulfilling the inherent requirements of the job,” the statement read.
