Pinay acquitted of theft wins labor claim vs. employer who accused her

Ana Liezel Berbana at the Labour Tribunal Monday.

A Filipina domestic worker acquitted of theft was awarded her claim of HK$4,736.26 from the employer who accused her.

Ana Liezel Berbana sought claims from employer Wong Ma-nger, who had reported to the police that the Filipina allegedly stole RMB1,700 from her in Dec. 2018.

Berbana’s claims included HK$4,310 for wages in lieu of notice, HK$426.26 for her annual leave, and HK$34,480 in lieu of damages for breach of trust.

The adjudicator, Presiding Officer W. H. Pun, had advised settling the wages in lieu of notice and annual leave pay first. Pun then told Berbana the Tribunal might not be the best venue to settle the damage claim and advised her to withdraw it for now.

Berbana, after seeking advice from companions at the hearing, followed Pun’s advice to seek legal advice first about her damage claim and instead settle the remaining two claims.

The parties agreed to settle Wong’s remaining dues before the Tribunal on Thursday.

Berbana was first convicted in May last year, but the High Court ordered a retrial in December 2019 after it ruled that the magistrate’s reasons for rejecting the defence’s evidence could be further clarified. She was acquitted of her charges in August.