Helper sparks legal fight over religious practices

A Muslim Indonesian domestic helper is suing her former employers for more than HK$250,000 for racial discrimination - the first legal case involving religious practices launched by a maid.

The helper, Dwi-Lestari, said she was prohibited from wearing a jilbab and praying on workdays in March 2020.

In a writ filed in the District Court, Dwi-Lestari sued her former employer Leung Choi, her son Ho Wai-sun and her daughter Ho Wai-ngor.

Leung hired the helper from March 2 to March 16, 2020 for a monthly salary of HK$4,630. She was required to do household chores, help cook and accompany Leung when shopping.

As a Muslim Dwi-Lestari is required to wear a jilbab, a full-length outer garment to cover her head and hands, when she goes out of her employer's house and she had done this throughout her previous employment at four families from 2009 to 2018.

But she said she was prohibited from wearing a jilbab by Ho Wai-ngor, who gave her verbal warnings and demanded that she not wear the garment when she went out with the family. Dwi-Lestari said she had no choice but to settle for a head wrap and a cap.

Dwi-Lestari's belief also requires her to pray five times a day. During her employment with Leung, she said she prayed three times a day - at 4.30am, 2pm and 10pm - for around 10 minutes each time to minimize disruption.

But the family took her to the employment agency on March 16, 2020, showing surveillance camera footage of her praying. The helper was unaware of the surveillance cameras.

"[Ho Wai-sun] indicated objection to [the helper's] conduct of daily prayers and said words to the effect that [Leung], being of old age, would be 'scared to death' if she saw [the helper] praying when she woke up," the writ stated.

The helper apologized and proposed to pray outside the house, but it was rejected by Ho Wai-sun, who said she could only pray during her holidays if she wanted to continue working.

As a result, Dwi-Lestari said she was fired that same day and did not receive any salary or payment in lieu of notice except for HK$100 from Ho Wai-sun.

In early 2021 she approached Justice Without Borders, an organization assisting exploited migrant workers. She also lodged a complaint against Leung with the Equal Opportunities Commission.

The commission arranged two conciliation meetings between the helper and Leung's family in June and September 2021, but they were unsuccessful.

In the writ, the helper asked to be compensated for over HK$250,000 - including HK$200,000 for emotional distress, HK$2,210 in wages for the two weeks until March 16, 2020, payment in lieu of notice of HK$4,630, HK$27,780 for loss of income and a punitive payment of HK$20,000.

wallis.wang@singtaonewscorp.com