CLIENT STORIES
MEET JASMINE
Jasmine's employer was livid when Jasmine told him she was pregnant. He said she had broken her promise not to get pregnant. He wanted to end the contract and offered Jasminea HK$60,000 payout. Some intense arguments ensued. So intense that the police were called by a neighbour. Jasmine found the police visit so stressful, and felt so unwell, that she was sent to hospital. Jasmine had wanted to stay with her boyfriend in Hong Kong. She had wanted to give birth here so that her boyfriend could also sign the birth certificate to ensure the baby could acquire its father’s Hong Kong permanent residency status.
However, Jasmine was employed as a migrant domestic worker which meant that considerations applied to her-and specifically her ability to stay in Hong Kong and to access public medical care, if fired-and these considerations along with the stress of them also, of course, impacted the welfare of her unborn child. Jasmine came to Equal Justice. She was upset and worried. She did not know what to do now, or next. Our legal casework team helped Jasmine calculate her end of employment entitlements and her statutory maternity leave pay.We explained that the HK$60,000 offered by her employer was enough not only to cover her statutory maternity leave pay entitlements but also a few months’ salary. We also explained that it was possible for Jasmine to register her baby’s birth first in her name in the Philippines and that her boyfriend could then add his name to the birth certificate at the Philippine consulate here in Hong Kong. Armed with this information, Jasmine decided to accept the employer’s offer and to return to the Philippines to have her baby. We helped Jasmine negotiate the end of her employment with her employer and ensured that she did receive the HK$60,000. Despite the unlawful and discriminatory threats of pregnancy-related termination of employment, Jasmine did secure a settlement she was happy with, without the need to go to the Labour Tribunal or courts. Of course, had Jasmine-or indeed her employer-known about 在職孕婦 Pregnant at Work, she could have had much of this knowledge earlier on-and have reduced her stress and worry.
MEET MARY
During her employment, Mary's employer, Claude, defaulted on salary payments and Mary later became pregnant by Claude. Since Claude wanted to evade responsibility, he terminated Mary's contract, leaving her penniless and homeless and without access to public healthcare. Mary was working as a migrant domestic worker is from the Philippines. When Mary came to Equal Justice to seek help, we supported her in bringing various employment and discrimination claims against Claude. Pro bono lawyers advised Mary throughout the legal processes. Settlements were ultimately reached at Labour Tribunal and District Court.
When Mary's baby, George, was born, Equal Justice helped Mary to apply for Legal Aid tobring claims for paternity and maintenance against Claude on behalf of George. Following a positive DNA test result, the Family court declared Claude to be George’s father. Mary and Claude also reached a settlement on the amount of maintenance payments for George. The court cases also had the happy consequence of bringing Claude closer to George. Claude is now involved in George's life. Lastly, Mary incurred significant medical bills for giving birth in HK despite having had her employment unlawfully terminated. With Equal Justice's niche expertise in medical fee waiver cases, and with the invaluable advice from pro-bono lawyers, we successfully appealed the Hospital Authority's medical fee waiver application refusal. A great result. Perhaps none of this need have happened had mother and employer both had access to timely, free legal information and support via 在職孕婦 Pregnant at Work.