Should I terminate and throw out my helper?

Hi everyone

I need some advice. I have already given notice to our helper to leave as we are having to relocate abroad unfortunately. She has worked for us for 6 months. We were going to pay her a bonus and have already sent her for a holiday to the Philippines etc. She is working for us until end of April when she will go and work for a new family in the same building based on my glowing reference. She has been a good helper but did cause some trouble one day and she was on a warning for that but she got back on track and was performing fine. No need to go into the details.


We have just been to Singapore to find a new home and she went to the Philippines a few days after for a holiday paid by us. I came back last week, and the helper is not due back until Monday.


When I came back into the apartment, I put some washing on and found the back door wide open and in fact with the bolt across so it had been deliberately locked open. I am guessing that she did this while taking her luggage out for her flight and then forgot to come back and lock it. But to lock it OPEN at all in my book is totally stupid and putting my home at risk. While she is off doing whatever, anyone can walk in and help themselves. She chose to leave it open and unattended. I was on my own and immediately and carefully searched the apartment as although I am not paranoid, it is possible anyone was in there. I then checked all our valuables/papers etc and all appears to be OK. The back door was wide open for FOUR DAYS with the apartment empty, so I count myself really lucky.


Last thing I did was to check my helpers room, as it occurred to me she may have skipped HK permanently for home. She still has quite a bit of stuff there and can assume she will be coming back as she has a good job to go to. But I then looked with horror at the space where our DVD used to be. Gone. I had lent it to her to use so she can watch films in the evenings. I had made it clear it was ours and just on loan while she was with us. I am guessing she has lent it to a friend while she is away. Or maybe someone has taken it while the door has been open? Unlikely given our other stuff easy to take is still there. Her TV that was on top of it is still there. So she probably has lent it to someone. BUT, this to me is totally unacceptable it is not her property to lend or give or anything. She knows this.


Lastly she has been working for her next employer while we have been away. They asked her if she had cleared it with us as it is illegal obviously and she said yes. But she has done no such thing. Stupid to think that I would not find out when I am in contact with her next employer. I found out because the new employer came up to me and said how wonderful her cooking was and all the things she had cooked for them while I was away. I couldn't believe it!!! All she had to do was ask me and I would have said yes, I wouldn't deny her earning extra cash within reason while we are gone. But she knows it is illegal and absolutely should have asked me. I always tell her she can ask me anything and I am more than fair and generous. Stupid stupid stupid.


So as you can imagine I have a big problem in that I absolutely cannot trust her with anything now, especially the security of our home and possessions. I am here alone and do not want her in the apartment any more. I do not want to throw her out, but I feel she has given me no choice. I know she has money and friends and a guesthouse she can go to. She will probably be rejected now by the family she was about to start with but I know from her previous references she will get another job ok.


I have checked the Gov rules and it gives 5 reasons when you can “terminate the contract without notice or payment in lieu”. What she has done falls clearly under 3 of them, so I don’t think I have any issue there. It does not say explicitly but I presume I can make her leave my property at the same time with all her stuff? As it’s Easter I guess I have to wait until AFTER she has come back on Easter Monday and been asked to leave before I can check with Immigration on what I do now? I don’t intend to go to the police as I should give her the benefit of the doubt on the DVD player. Assuming she is in a position to give it straight back to me when she comes back! If she comes back…?


Do I have to inform them that although she is already terminated due to our relocation, we are now terminating her early for misconduct? Can I not bother doing this and be ok? Or can she cause trouble?

I just want to make sure I do the right thing and cover myself so that Immigration are satisfied I have done it right and so my helper cannot try and cause trouble. Maybe to avoid this but still get her out of the apartment I could pay her for April as planned, but not the bonus I told her I would give her? And just say we don’t need her any more so we will pay for her to stay in a guesthouse until her current official leave date at the end of the month. This would mean she will not be terminated for misconduct and nothing has changed as far as the current notice given to Immigration. But then I am paying out for her when she should be fired and that does not sit well with me, but it might be the path of least resistance…


For what it’s worth and to avoid people giving me a hard time for firing her, I have been a VERY generous employer, she gets loads of time off, great pay, benefits, bonuses etc. I have probably been too generous and kind and she has taken advantage I think. But it was still her choice to screw up.


But I would still like to hear any ideas on the pros and cons of another approach? Is this the best solution? Is it fair? etc…as well as what I should do with Immigration if anyone knows!


Thanks a bunch

Legally she is still working for you so you should inform immigration of her termination because of misconduct. It may seem harsh to fire her but what she did was wrong. Leaving the door open whilst everyone was away was a mistake, but working for another employer while in your employ, and lieing saying you allowed her to do so put you at risk. If she were our maid, she would not get away with this. She knew what she was doing was wrong and should deal with the consequences of her actions. Some employers don't bother with the hassle and just give notice and payment in lieu of a month's notice so erring domestic helpers think they can get away with anything.