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A domestic helper who was allegedly discriminated against for wearing hijab and observing Muslim prayers while once working with a Hong Kong family has filed a HK$255,000 discrimination lawsuit against them for sacking her due to the religious practises at work.
The summon sent to the District Court by Post on Thursday said the family where she worked had breached the Race Discrimination Ordinance by asking Dwi-Lestari to abandon her religious practices as a condition for keeping her job.
According to the written summon that said, her employment contract was terminated on March 16, 2020, two weeks after her job commencement with the family. She worked for retiree Leung Choi, with his son and daughter.
But the complaints started coming sooner after her religious way of dressing whenever she went out with them.
It was said, that she changed to using the headscarf after a repeated warning from Leung Choi's daughter for wearing full lengthy body-covering clothes while going out with them and told her to stop using it.
The summon added that afterwards the children expressed their disapproval for observing the daily Muslim prayers in the flat and should be out of their presence.
The son was also said to have made and submitted video footage to the manager of Dwi-Lestari’s employment agency for the same complaints.
The helper was said to have apologised and suggested to pray outside the flat but the son insisted and told her to quit all practises if she needed her job.
Consequently, Dwi-Lestari’s employer ended her contract, and the son reportedly paid her HK$100 without any reason, the summon said.
In early 2021, Dwi-Lestari filed a complaint with the Equal Opportunities Commission with the help of Justice Without Borders, an NGO that assists migrant workers with cross-border claims.
The plaintiff is presently claiming HK$254,620 for wages due, payment in lieu of notice, injury to feelings, loss of earnings and punitive damages.
The first hearing has been arraigned for mid-November.
香港家庭因終止合約被一名家庭傭工起訴索賠港幣255,000元 - 書面傳票
一名家庭傭工據稱因在為香港家庭工作時戴頭巾和遵守穆斯林祈禱而受到歧視，現已對他們因工作中的宗教習俗而解僱她提出了 255,000 港元的歧視訴訟。
週四通過郵寄方式發送給地方法院的傳票稱，她工作的家庭要求 Dwi-Lestari 放棄宗教信仰作為保住工作的條件，違反了《種族歧視條例》。
根據書面傳票，她的僱傭合同於 2020 年 3 月 16 日終止，即她與家人開始工作兩週後。 她為退休人員梁財及其兒子和女兒工作。
但每當她和他們出去時，她的宗教穿著方式很快就開始受到抱怨。
據稱，梁采的女兒因穿著長款衣服外出，多次警告她不要再戴頭巾，因此才改用頭巾。
傳票還說，事後孩子們表示不贊成在公寓裡進行每日穆斯林祈禱，應該離開他們。
據說，兒子還製作並提交了視頻片段，並針對同樣的投訴向 Dwi-Lestari 職業介紹所的經理展示。
據稱，這名女傭已經道歉並建議在公寓外祈禱，但兒子堅持要求她如果需要工作就停止所有工作。
傳票稱， Dwi-Lestari 的雇主因此終止了她的合同，據稱兒子無故支付了她 100 港元。
2021 年初， Dwi-Lestari 在“無國界正義”組織（一家協助移民工人跨境索賠的非政府組織）的幫助下向平等機會委員會提出申訴。
原告目前索償應付工資、代通知金、感情傷害、收入損失及懲罰性賠償港幣254,620元。
第一次聽證會已定於 11 月中旬舉行。
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