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Diplomat seeks protection to avoid attending hearing of pregnant helper fighting dismissal

Hungary's Consul-General failed to appear at a Labour Tribunal hearing over the sacking of his pregnant maid yesterday after indicating he wanted to claim diplomatic immunity.

It is thought to be the first time in Hong Kong that a hearing of this kind has been held up for such reasons.

Laszlo Vizi was scheduled to appear as a defendant before presiding officer Michael Wong in a case brought by his former domestic helper, Nanette Cajayon, who claims the diplomat wants to fire her because she is pregnant.

But as yesterday morning's hearing began, Mr Wong said: 'The defendant, Mr Vizi, has written to say that he is a consul-general and that he is claiming diplomatic immunity from the present proceedings.'

Mr Wong told Ms Cajayon, 40, who is almost eight months' pregnant: 'This is not a simple situation, whether the defendant can claim diplomatic immunity or not.'

He said it would not be right for the tribunal to advise Ms Cajayon on the matter as, in general, a tribunal should make a ruling. But it remains unclear whether the Labour Tribunal has jurisdiction to rule on whether a diplomat should be granted consular immunity.

Instead, Mr Wong advised Ms Cajayon to seek independent legal advice and approach the Legal Aid Department.

Last night, the Judiciary said that in general it should be the Protocol Division that decided whether someone had consular immunity.

But a spokesman said: 'In this particular case, whether he is entitled to immunity depends on the conditions of the employment contract.' The Protocol Division declined to expand on Mr Wong's comments.

Ms Cajayon, from Mindoro Island in the Philippines, met officials from the Legal Aid Department yesterday afternoon. The outcome of the discussions was not known.

She claims Mr Vizi is terminating her contract because she is pregnant. She no longer works for him, although her contract has not expired. Ms Cajayon's husband also works in Hong Kong, as a driver.

Ms Cajayon claims she had to sign two contracts - one legitimate, covering work in Mr Vizi's 1,980-square-foot home in Old Peak Road, Mid-Levels, and an illegal 'contract' to work at the Hungarian Consulate in Citibank Tower.

Mr Vizi denies the domestic helper's claims, saying the termination is because of poor performance and repeated warnings. He also denies that Ms Cajayon worked in the consulate.

Yesterday's hearing was scheduled after conciliation talks between the two parties broke down last month. Mr Vizi refused to comment last night.

Mr Wong adjourned the hearing until June 14.

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