A Hong Kong court has awarded more than HK$251,000 in damages to the family of a domestic helper who was dismissed by her employer while battling advanced cervical cancer. The case concluded on Monday, ending a legal dispute that began in 2019 when Baby Jane Allas was terminated during medical leave and subsequently passed away in 2021.
The District Court ruled that Jamil Bushra, Allas's former employer, violated the Disability Discrimination Ordinance by unlawfully dismissing her on the basis of her illness. Bushra did not attend the proceedings. According to the judgment, Bushra’s actions caused Allas significant emotional distress and financial hardship during a vulnerable period. Deputy District Judge Ebony Ling Yee-man highlighted evidence that showed the late helper had become deeply distressed, frequently crying and suffering from severe anxiety after losing her job. The judge also noted that Bushra never apologized to Allas before her death.
The case was initiated by the Equal Opportunities Commission (EOC) in 2020 while Allas was still in Hong Kong receiving medical treatment funded through crowdfunding efforts and support from Jessica Cutrera, the employer of Allas's younger sister, Mary Ann Allas Pereira. After treatment, Allas returned to the Philippines, where she died at age 40, leaving behind five children.
Judge Ling ordered Bushra to pay HK$120,000 in compensation for injury to Allas’s feelings and HK$33,367 for lost income, in addition to covering all legal costs. The ruling further described Bushra’s conduct during the case as uncooperative, noting she ignored EOC settlement efforts, evaded service of court documents, and changed her address to avoid proceedings.
Mary Ann Allas Pereira represented her late sister in the lawsuit. She described the emotional toll the dismissal had on Baby Jane Allas, saying she became withdrawn, lost her appetite, and expressed a desire to return home and die. Pereira said she brought the case forward to raise awareness and set a precedent for other domestic workers facing similar challenges, though she expressed mixed feelings about the outcome and questioned whether full accountability had been achieved given the employer’s absence.
The case had drawn public attention in 2019, highlighting the difficulties faced by domestic helpers in Hong Kong who suffer from serious illnesses. The Hong Kong Federation of Asian Domestic Workers Unions reported that last year 67 Filipino helpers diagnosed with cancer sought assistance from care groups, but only 10 received proper medical support and entitlements. The federation criticized the prolonged legal process and the former employer’s absence, describing the court ruling as “long overdue.”