2000, Lacerna was fetched by her employer, Tan Kmin Shwe Lin Charmain
(Charmain). However, the latter dismissed her in a Notification dated May 2,
2000 citing as reason the “difficult[y] in communication.”[4]
On May 20, 2000, Proxy transferred Lacerna to Tam Ching-yee, Donna
(Donna). On June 30, 2000 she was dismissed by Donna without stating the
reason for her termination. Neither did Proxy explain why she was
dismissed. On July 1, 2000, Lacerna agreed to take a three-day trial period with
another employer, Daisy Lee. However, before she could sign her contract with
the latter, the Hong Kong government denied her request for change of employer
and advised her to submit a fresh application with her country of origin.
Following the denial of her work permit, Lacerna returned to
the Philippines on July 13, 2000 but was informed by AIMS that Daisy Lee is no
longer interested in hiring her. Lacerna demanded the return of her placement fee
but was denied, hence, she filed the instant illegal dismissal case.
AIMS, on the other hand, alleged that Lacerna resigned after working for
five days as a domestic helper of Low See Ting from April 1, 2000 to April 5,
2000, as evidenced by her resignation letter.[5] Proxy paid her wages and fare for a
return ticket to the Philippines[6] but she refused to be repatriated. Thereafter, with
the assistance of Proxy, she was hired in the household of
Charmain. Unfortunately, the latter dismissed Lacerna on the ground of difficulty
in communication. On May 8, 2000, the Hong Kong Immigration Department
granted her an extension of time to stay in Hong Kong with a warning that the
same is her last chance to stay in the country. When Lacerna requested another
extension, the same was denied and she was directed to leave Hong Kong.
In her Reply,[7] Lacerna insisted that her first employer was Charmain
because she never worked for Low See Ting, who as early as March 2000,
cancelled the contract before she flew to Hong Kong. She added that the signature
appearing in the resignation letter and receipt of payment for the period April 1 to
5, 2000 is not her handwriting.