This Week in Asia

'Baby Jane thanked everyone': sacked Filipino domestic worker dies despite beating cancer, as Hong Kong friend vows to fight her legal case

Her younger sister Mary Ann Allas told This Week in Asia: "On her last breath, Baby Jane thanked everyone for helping us."

Baby Jane, a 40-year-old single mother of five, died last weekend in Narra, Palawan, from complications related to a kidney infection. She is survived by her five children aged between eight and 18 years old.

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It was an unexpected turn of events for her family, as her cancer had gone into remission after chemotherapy, radiation and finally surgery at Hong Kong's Gleneagles Hospital. She then returned to Narra in the Philippines, where she was running a small business involving the import and export of textiles.

Jessica Cutrera - a Hong Kong permanent resident who employs Mary Ann, and who housed Baby Jane after she was sacked - raised more than HK$920,000 (US$117,550) through a fundraising campaign to help Allas with her treatments.

She said Baby Jane had been hoping to take another job in Hong Kong once travel restrictions due to the coronavirus pandemic were eased.

But it was not to be. Mary Ann said her sister's health suddenly began deteriorating four months ago.

"She was in and out of the hospital. Lately, she received blood transfusions, as she had kidney failure and went through haemodialysis," Mary Ann said, adding that her sister's recent health issues did not seem to be related to cancer. But "she was in a lot of pain and said she could not take it any more".

Mary Ann said her sister regretted the fact that her former employer was not brought to justice.

"This was not just about her sickness. She was disappointed about her case and she was stressed. She felt sad that it was not possible to find the employer. Over the past month, I felt that she had lost hope," she said. "I am not saying that was the only issue, but it was a huge part of it."

Cutrera said she would continue to battle the discrimination case on behalf of the family, and noted that the worker's "legal case has lasted a long time", partly due to the pandemic and the fact that the employer had been unreachable.

"[It's] so sad to lose her after her successful cancer battle," she said. "I am going to try to fight her legal case in her absence."

Cutrera added that she was also looking into how to support Baby Jane's young children.

"Their father is not involved and hasn't been involved for quite some time ... We are coordinating with [Allas'] siblings to try and make arrangements for the children," Cutrera said.

The migrant worker's death came just about four months after the Equal Opportunities Commission announced that it would issue legal proceedings under the Disability Discrimination Ordinance in Hong Kong's District Court on her behalf.

Baby Jane alleged that her former employer in Hong Kong discriminated against her by firing her because of her illness. According to Hong Kong's Disability Discrimination Ordinance, it is unlawful for an employer to fire an employee on the grounds of their disability.

She was sacked in February 2019, just a few days after being diagnosed with stage-three cervical cancer, losing access to the city's public health care. Her termination letter referred to her illness and related sick leave as the reason for the dismissal.

Allas, her family's only breadwinner, made a complaint with the Equal Opportunities Commission in April that year. The watchdog decided to legally represent her about six months later, but it was only able to file a court case in December 2020.

The case's first hearing took place last month and no decision has yet been reached.

Mary Ann, who flew to the Philippines this week to be with her family and attend the funeral, said there was one thing she was thankful for.

"At least after everything [Baby Jane] went through, she received cancer treatment which allowed her to return to the Philippines and spend some time with her kids."

This article originally appeared on the South China Morning Post (SCMP).

Copyright (c) 2021. South China Morning Post Publishers Ltd. All rights reserved.

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