Filipino domestic helper fired over child abuse allegations wins appeal against claims dismissal by Hong Kong tribunal

A Filipino domestic helper who was fired and later denied back pay and damages over allegations that she sexually abused her Hong Kong employer’s seven-year-old daughter has won an appeal against the Labour Tribunal’s previous dismissal of her claim.

The tribunal last year concluded that Ng Mei-shuen’s summary termination of Mallorca Domingo on September 22, 2016 was justified because the employer had proved, on a balance of probabilities, that the helper had hurt her daughter on multiple occasions while bathing the child.

But the High Court on Tuesday found no evidence supporting the conclusion, and said it was “an error of law” based on the presiding officer’s misunderstanding of the evidence or irrational inference from the facts. The court ordered that the case be remitted for a retrial at the tribunal.

Domingo sued her former boss in October 2016, alleging that she had been slapped by Ng and dismissed without proper grounds in a claim for some HK$85,900 (US$11,080) in wages in lieu of notice, annual leave pay and damages for breach of trust.

The court heard Domingo’s employment with Ng lasted only about 3 ½ months when the minimum wage for domestic helpers was HK$4,210.

Ng claimed she had four grounds for dismissal, alleging that Domingo had failed to wash her daughter’s clothes properly or play with the child.

The employer also accused Domingo of adding a “foreign substance” to her shampoo, and described the helper as “quite a psychopath” for hurting her daughter “multiple times” while bathing her.

She called police on September 22, 2016, but only to report the shampoo allegation, claiming it had caused pain and irritation to her scalp.