Court awards compensation in discrimination case over domestic helper's dismissal

A Hong Kong court has ordered a former employer to pay more than HK$251,000 (about US$32,000) in damages to the family of a domestic helper who was dismissed in 2019 after being diagnosed with advanced cervical cancer and later died.

The case, brought by the Equal Opportunities Commission (EOC), concluded on Friday when the District Court ruled in favour of the family of Baby Jane Allashol, as reported by the South China Morning Post. The employer, Jamil Bushra, was found to have violated the Disability Discrimination Ordinance by unlawfully dismissing an employee on the grounds of disability.

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Reports from the South China Morning Post outline two phases of the legal proceedings. An earlier hearing on Thursday was held to assess the compensation amount, with the EOC seeking about HK$250,000 (US$31,900) for the family. The following day, the court awarded more than HK$251,000, slightly exceeding the amount sought by the watchdog.

Both accounts identify Allas as a domestic helper who was diagnosed with advanced cervical cancer and died in 2021 at the age of 40 in her native Philippines. She is survived by five children. The EOC launched legal proceedings against Bushra in 2020 under the Disability Discrimination Ordinance, which prohibits employers from dismissing employees on the grounds of disability.

According to the South China Morning Post, Bushra fired Allas in February 2019 while she was on medical leave.

Deputy District Judge Ebony Ling Yee-nam, who presided over the case, said the sudden dismissal had caused Allas “several emotional distress and financial pressure,” citing evidence that showed she had cried and been left in a vulnerable state. The judge also noted that Bushra never apologised to the deceased.

The legal battle began when the EOC filed a claim against Bushra in 2020, while Allas was still in Hong Kong receiving treatment at a private hospital. That treatment was funded through crowdfunding and support from Jessica Cutrera, the employer of Allas's younger sister. Allas later returned to her native Philippines, where she died in 2021 at the age of 40. She is survived by five children.

The court's decision marks the conclusion of a years-long legal effort. The EOC had initially sought around HK$250,000 in compensation for Allas's family, a figure slightly exceeded by the final award.

Key Claims

  • The employer, Jamil Bushra, dismissed Baby Jane Allas in February 2019 while she was on medical leave.
  • The Equal Opportunities Commission filed a claim under the Disability Discrimination Ordinance in 2020.
  • The court found that Bushra violated the ordinance by dismissing Allas on grounds of disability.
  • Deputy District Judge Ebony Ling Yee-nam said the dismissal caused Allas “several emotional distress and financial pressure.”
  • Allas died in 2021 in the Philippines at age 40 and is survived by five children.