Ex-employer ordered to pay HK$251k to family of late domestic worker fired over cancer diagnosis, NGO says process ‘unbearable’

A Hong Kong court has ordered an employer to pay more than HK$251,000 to the family of a Filipina domestic worker who died after being dismissed upon her cervical cancer diagnosis. The ruling came over five years after Baby Jane Allas, 40, died in the Philippines in 2021, and more than three years after she initiated legal action with the help of the Equal Opportunities Commission.

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suddenly dismissed just three days

Deputy District Judge Ebony Ling stated in the judgment that Allas was "suddenly dismissed just three days" after her diagnosis. The judge noted that this dismissal "must have been a heavy blow" to Allas, who was already grappling with the shock and anxiety of a life-threatening illness. Allas was the sole provider for her five children and also cared for her elderly mother, making the dismissal a source of "severe emotional distress and financial pressure."

The court ordered the employer, Jami Bushra, to pay HK$33,367 for loss of income, calculated based on the contract being terminated eight months early. An additional HK$120,000 was awarded for "compensation for injury to feelings," and HK$98,286 for medical expenses. The judgment also noted that Bushra never apologized to Allas during her lifetime. Allas had previously been awarded HK$30,000 in compensation at a Labour Tribunal hearing in April 2019.

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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

Allas was fired in February 2019 while on sick leave for stage three cervical cancer, with her employer citing the diagnosis as the reason for termination. This case highlighted the plight of migrant workers who, after being diagnosed with serious illnesses, are often left with minimal support and access to healthcare. Following her dismissal, Allas lost eligibility for subsidized public hospital care in Hong Kong. A crowdfunding campaign and support from the Adventist Hospital Foundation helped cover some of her medical expenses at private institutions.

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The dismissal caused severe emotional distress and financial pressure

The Hong Kong Federation of Asian Domestic Workers Union (FADWU) welcomed the court's decision but pointed out the significant delay. The NGO stated that while they acknowledge the court ruling, the protracted legal battle makes such ordeals "unbearably long and painful" for vulnerable migrant workers facing critical health issues.

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On one hand, we acknowledge that the long str