Court ruling gives employers and domestic helpers much to reflect on
If a helper contracts an illness that renders her unable to perform her duties, what options are available that are fair to both the helper and her employer?
Deputy District Judge Ebony Ling Yee-nam found that Bushra had violated the Disability Discrimination Ordinance by unlawfully dismissing an employee on the grounds of disability. The case raises wider questions.
The health and welfare of helpers is an abiding concern of relevant laws. Entitlement to cumulative paid sick leave and free medical care in the public health system are evidence of that.
However, what remedy that is fair to both sides is available to employers if a helper contracts an incapacitating illness that renders her unable to perform her duties? That seems to be a valid question.
Treatment through the public health system can take time. Insurance can defray the cost of hiring extra help, but if the helper needs to stay at home on bed rest, can the employer cope with that? If dismissed, a domestic worker with a serious illness can lose access to public healthcare services.
Medical checks before the employment contract is signed reduce but do not eliminate the risk of such dilemmas. There remains a need to consider a decent and fair mechanism for dealing with them. Employers are expected to accommodate the medical needs of their helpers, provided doing so does not cause unjustifiable hardship or interfere with the core requirements of the job.