FDH says employer owes her $150,000

Shatin Law Courts Building

A judge in Sha Tin has dismissed the petition of a Filipino domestic worker to stop her trial for breach of condition of stay.

Magistrate Ivy Chui on November 8 dismissed the petition of the worker, surnamed Dumayag, after the Filipina failed to convince the judge that she was a victim of human trafficking.

“I am not satisfied that this defendant is a victim of human trafficking. The defendant was not deprived of any of her liberty and she could communicate with others freely,” Judge Chui said.

“I don’t think I will need to adjourn this case. We should proceed with trial,” she added.

Dumayag’s lawyer, Philip Ross, asked the magistrate to defer her ruling pending the resolution of a case in the High Court that might have an impact on his client’s petition.

However, Magistrate Chui said she saw no reason to adjourn this case any further and Dumayag will have her day in court.

The domestic worker’s troubles began right after she arrived in Hong Kong back in 2008.

She came here in March of that year but, instead of working from her employer, she worked for her employer’s daughter in Rhythm Garden, San Po Kong in Wong Tai Sin.

Her employer’s daughter—surnamed Leung—has a son who is mentally disabled.

“Kahit 19 years old na siya ngayon, parang bata pa rin. Ina-assist ko pa kahit sa paliligo,” Dumayag told the court.

She continued working for Leung even after Leung’s mother died in 2010. When Dumayag’s contract expired in 2011, Leung promised to renew her contract and get her a new visa.

“Bago matapos ang kontrata, nagtanong ako kung sino na ang pipirma. Ang sabi po niya, siya na ang pipirma kaya hindi na ako naghanap ng iba,” Dumayag said.

Leung allegedly told the Filipina that she had contacts in the Immigration Department but, despite repeated promises, she failed to produce a working visa for Dumayag.

“Every month, she said, ‘Don’t worry. It’s being taken care of’. I didn’t have a visa. Paano kung mahuli ako ng mga pulis? She kept assuring me,” Dumayag said.

She added that Leung also kept her passport.

The Filipina also claimed that Leung owed her $150,000 because she was not paid her proper salary from 2009 to 2015.

She said there were months that she was given only $100, $150, or $200.

“How did you survive?” Judge Chui asked the Filipina.

“Hindi naman ako maluho. Basta may pamasahe ako papuntang church, OK na. Maghapon naman ako sa church,” Dumayag said.

She said that she had also grown close to her mentally-disabled ward. “Napamahal na po kami pareho,” she said.

Dumayag decided to surrender to Immigration authorities only last year after she saw her contract and passport inside Leung’s bag while cleaning it.

“Nakita ko yung papeles ko na wala pa ring visa. Sinabi ng kapatid at mga kaibigan ko na overstaying na pala ako,” she said.

Dumayag said she sought the help of the Philippine Consulate General (PCG) and was told to surrender to Immigration. But she could not surrender immediately because she did not have her passport.

After the PCG issued a temporary travel document to Dumayag, her sister, who is also working in Hong Kong, went to see Leung on Aug. 2, 2015.

“My sister spoke to my boss. My sister asked how come I overstayed. Nakalimutan daw po niyang i-process,” Dumayag said.

“Nagbigay siya ng assurance na aayusin niya. Marami raw siyang kakilala,” she added.

Dumayag said Leung then talked to her and asked if she wanted to continue to work for her.

“Ang sabi ko, gusto ko ng visa,” she said.

Dumayag said she gave Leung two more weeks but she again failed to come up with a working visa for the Filipina.

And so, she decided to surrender to Immigration on Oct. 22, 2015.

Dumayag also filed a case against Leung at the Labour Tribunal for her $150,000-claim in back wages but the court dismissed it. The worker has filed an appeal.