Hong Kong court clears employer accused of sacking domestic helper over cancer diagnosis
- Judge says enmity between housewife Rita Choy and her helper alone does not constitute sufficient grounds for claim of unlawful discrimination
A Hong Kong court has dismissed a HK$580,000 (US$74,230) claim against a domestic helper’s employer after finding insufficient evidence she had mistreated and fired the worker over her cancer diagnosis.
The District Court ruled on Monday that housewife Rita Choy Chiu-yee had displayed a “less than welcomed” and occasionally hostile attitude towards the late Joan Sarmiento Guting in the months leading to the termination of the helper’s contract in April 2017.
Judge Grace Chow Chiu-man highlighted in her 83-page judgment that Choy had repeatedly described the plaintiff as an “evil spirit” or “god of illness” in various text messages to her family.
The judge also noted a text exchange where the defendant, who is a Christian, praised God and claimed an “angel suddenly descended from heaven” to let her know about “the devil’s scheme and some method for treatment” after a hospital worker discussed Guting’s health with her.
But Chow stressed that enmity alone did not constitute sufficient grounds for establishing a claim of unlawful discrimination and harassment.
