We had terminted our helper as she was cought stealing on web camera.
She did accepted this on her termination letter. However, Now she has put a claim on us in LT.
in the LT claim she has asked for us to pay her boarding house fees from the date of 'conciliation meeting' till 'LT hearing date'
Am I suppose to pay this amount to her. It was her decision to move out of settlement meeting at Labour relation office and approach to LT. Also, there is one org helping her to file these claims..
.
I would like to note down tht this claiment has changed her claim and claim amounts from Labour Relation Department to LT. She deleted few claims and added few new ones inLT now.
Any suggestions on this situation ?
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First off, I am NOT taking sides or accusing anyone of lying; just exploring possibilities.
If the helper was caught stealing on web camera the obvious route is to report to police, however I can understand why you would simply want to terminate to get rid of them. This has several possible outcomes as the problem of a dishonest helper could in the future be transferred to the next employer. For the period that she is in the boarding house she will discuss her case with her friends, and NGO's and social workers; if she tells them the real reason for termination I would be surprised as it is not likely to gain her much sympathy from most. They therefore will respond with advice based on what she has told them why she was terminated, hence the LT and claim for support. As the story is looked at by others she will find the need to add or amend as she goes along as more details will be required, hence the change of claim and claim amounts.
From your post you say that she admitted the theft on her termination letter however I would suggest that she may claim that she was forced to do so at a later stage, or even now to the LT. It is better to have an 'independent' witness present to observe the termination process in this sort of case to ensure that you cover your own back.
If you still have the webcam footage, and if it is not too long after the event, you may still consider reporting to police.
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MRCYNIC
You are absolutely right. DH is not telling people what all things she has stolen. She is saying that Employer SAYS that she has used their one article and they fired her from job. We were very surprised because we showed her all the recordings to her before terminating her. She knew that we have recordings with us. How come she is not worried about getting caught again in her lies?We had file a police complaint for the same after conciliation meeting. They are doing investigation for the same.
Do you think it can help in LT?
Any experience about such NGO's also stand by people after knowing that they were were provided by false information in first place ?
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Are the Tribunal officers well aware of how the laws are manipulated like for example the claim is always made on the last day of their visa expiry so that they can extend their stay ? I have a similar case where I am glad I didnt clear her dues when terminated as she would just keep on making random claims which she is anyways doing now to extend hr HK stay.
Now she has to fight for it and I am happy to pay what she deserves i.e. a month salary + 1 tkt + travel allowance. But she is still in denial that they can get more out of me as per her claim . Do have all the evidence but it's just a stretch and frustration knowing you have your side covered . I am happy to go through the drill as even the other party should feel the pinch and not just have it their way.
Also whats the rule on "free passage" to exit the country as my conciliation meeting fell off on this one piece where the helper wanted cash and I wasnt ready to do so apart from buying a tkt on her last day to stay in HK . Was I right in my way to stick to this point ?
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I would suspect that as you have terminated her contract then there are no contractual reasons for you to provide her with accommodation.
If she wishes to pursue you for LT then that is up to her.
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If you have made a police report let them investigate and come to whatever result is warranted; I would not suggest using this investigation, or an offer to drop it, as a bargaining point. The LT will take note of any investigation and prosecution when considering the claim.
NGO's can only respond to the story they are told and, in my humble opinion, do a fantastic job in protecting those DH's who are badly treated; but, as I said earlier I have no idea of the details so am not taking sides.
I would advise concentrating on assisting the police first and then the LT afterwards, the success or failure of the first will have a bearing on the second. Also read the contract over and over again to ensure you know what is contractually required from you as an employer in this case.
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Thanks MRCYNIC.
Can you please tell me if I can get DH's bank statements and remittance records via LT to prove few points?
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I do not think you have any legal grounds to access the bank statements and remittance records of the DH; that is for the police.
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Can a helper ( who has extended her visa on basis of LT claim ) get into a new contract of employment without exiting hong kong? Does immigration dept allows such helpers to put a new contract on the next day of LT Claim settlement?
All we are trying to ensure that she exits the country even if she tries for new employer.
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You should have bought her a plane ticket.
Never give cash.
If you have proof of her stealing on the cctv, then put it on disc, and also print out photos of it. Send it to immigration with a detailed letter and police report number attached. You don't have to give a police statement but get a police report number.
Write in detail explaining to immigration that you have done everything legally (I hope so) and that you gave her the cash for the airplane ticket. Tell them that future employers should take note.
Immigration will send you a letter confirming receipt and it will go in her file.
You are not responsible for her boarding house fees. Once terminated. That's it.
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Thanks. I will surely report it to Immg Department. We have taken enogh headache because of her. Honestly we dont want that other should go throgh same pain.
However, this helper is firm on getting cash and no air ticket to Manila. Again every time she is backing out from settlements i.e. conciliation meeting or LT's settlement officer.
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Just buy her the air ticket for the supposedly last day (14 days I think) but with the option for her to extend the ticket.That way you have covered yourself and she can pay the extra $$$$ to extend. Just buy her the e ticket print it out and give it to her,.Fax a copy to immigration as well.
You can always call up employment agencies to ask for what the situation is.
Also, write to immigration and inform them all the occasions that she has backed out of all the meetings. Buy the ticket. Tell immigration you have paid for everything. wash your hands of it.
It is the employer who decides give cash Or air ticket.
Always buy air ticket.
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Just buy her the air ticket for the supposedly last day (14 days I think) but with the option for her to extend the ticket.That way you have covered yourself and she can pay the extra $$$$ to extend. Just buy her the e ticket print it out and give it to her,.Fax a copy to immigration as well.
You can always call up employment agencies to ask for what the situation is.
Also, write to immigration and inform them all the occasions that she has backed out of all the meetings. Buy the ticket. Tell immigration you have paid for everything. wash your hands of it.
It is the employer who decides give cash Or air ticket.
Always buy air ticket.
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Also give to immigration copies of all her claims and highlight them for immigration to take note of.
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Simple.
No need to give cash, plane ticket would suffice. Whether she likes it or not, you discharged your legal obligation.
Leave it to Police. In HK, COURT is a more formal ( or says, superior for layman) then tribunal. Nowadays, magistrates always locked the naughty helpers immediately as the court has encountered and experienced from those dishonest ones. Just need not to bargain what should not be bargain, don't take such nuisance very serious. At the end , the truth will stand.
Write to Immigration, nowadays every helper has personal file for review on her own next attempted new employment, or even the adverse record can be used for mutual reference with other law agencies within or out of HK.
This is not a new trick, new tactics and stringent measurement have been in place, especially during such waves of abuse by other nationals in H.K.
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