Baja seeks dismissal of cases filed by ex-maid
CHICAGO, Illinois - Former Philippine Ambassador to the United Nations Lauro L. Baja Jr has sought the dismissal of a complaint lodged against him and his wife and their daughter by their former maid in a court in New York.
In a “motion to quash service of summons and dismiss complaint," Baja, through his lawyer Salvador E. Tuy, told the US District Court of Southern District of New York that the Bajas “are diplomatically immune from criminal, civil and administrative suits from all courts of the United States and its states under the provisions of the Vienna Convention on Diplomatic Relations (VCDR)."
Domestic helper Marichu Suarez Baoan filed various complaints against Baja, wife Norma Castro, adult daughter Maria Elizabeth Baja Facundo, and LaBaire International Travel Inc.
The charges include forced labor, unlawful conduct, trafficking with respect to peonage, slavery, involuntary servitude or forced labor, Racketeer Influenced and Corrupt Organization (RICO) Act, Alien Tort Claims, federal and state minimum wage violation, unlawful deductions from wages, state overtime violation and spread of hours violation.
Baja’s motion noted that when the alleged violations occurred between January 13 and April 13, 2006, he was the Philippine permanent representative to the United Nations and had of of the Philippine Mission located in New York City.
Because Baoanan was a “private servant of members of the mission," she is “not covered by all Federal and state laws with regard to employment, social security and taxes," the motion argued.
It added that Baoanan’s employment is “subject to laws of the Philippine government but not US laws or New York State laws."
Tuy also accused the lawyers of Baoanan for “material deception," “lack of candor in total violation of professional ethics" and "bad faith" for the "skillful omission by plaintiff in her complaint “of Bajas’ status as a diplomat" and the “occurrence being in the Philippine Mission."
Tuy also accused Baoanan and her lawyers of holding a press conference on July 9th at 1 p.m. at the lawyers’ office in New York “for the sole purpose of gaining media mileage for this case" and use of multimedia in parading Bajas “all over the world as human traffickers and criminals."
In her complaint, Baoanan accused the Bajas of paying her only $100 (more than P4,500) for the three months they employed her as a house help.
"I cooked, took care of the (grand)child, cleaned the really big house, did the laundry, ironed and did other tasks like a domestic worker," she had said in a press conference. “In turn they paid me with curses, insults, disrespect and a hundred dollars from Beth (the ambassador’s daughter). I call this experience oppression, slavery."
Lawyers for Baoanan said the exact amount had not yet been set but would be based on New York minimum wage law of $6.75 per hour.
“They really abused me. I haven’t even recovered from the previous day’s exhaustion and already someone was waking me up," Baoanan said. - GMANews.TV
In a “motion to quash service of summons and dismiss complaint," Baja, through his lawyer Salvador E. Tuy, told the US District Court of Southern District of New York that the Bajas “are diplomatically immune from criminal, civil and administrative suits from all courts of the United States and its states under the provisions of the Vienna Convention on Diplomatic Relations (VCDR)."
Domestic helper Marichu Suarez Baoan filed various complaints against Baja, wife Norma Castro, adult daughter Maria Elizabeth Baja Facundo, and LaBaire International Travel Inc.
The charges include forced labor, unlawful conduct, trafficking with respect to peonage, slavery, involuntary servitude or forced labor, Racketeer Influenced and Corrupt Organization (RICO) Act, Alien Tort Claims, federal and state minimum wage violation, unlawful deductions from wages, state overtime violation and spread of hours violation.
Baja’s motion noted that when the alleged violations occurred between January 13 and April 13, 2006, he was the Philippine permanent representative to the United Nations and had of of the Philippine Mission located in New York City.
Because Baoanan was a “private servant of members of the mission," she is “not covered by all Federal and state laws with regard to employment, social security and taxes," the motion argued.
It added that Baoanan’s employment is “subject to laws of the Philippine government but not US laws or New York State laws."
Tuy also accused the lawyers of Baoanan for “material deception," “lack of candor in total violation of professional ethics" and "bad faith" for the "skillful omission by plaintiff in her complaint “of Bajas’ status as a diplomat" and the “occurrence being in the Philippine Mission."
Tuy also accused Baoanan and her lawyers of holding a press conference on July 9th at 1 p.m. at the lawyers’ office in New York “for the sole purpose of gaining media mileage for this case" and use of multimedia in parading Bajas “all over the world as human traffickers and criminals."
In her complaint, Baoanan accused the Bajas of paying her only $100 (more than P4,500) for the three months they employed her as a house help.
"I cooked, took care of the (grand)child, cleaned the really big house, did the laundry, ironed and did other tasks like a domestic worker," she had said in a press conference. “In turn they paid me with curses, insults, disrespect and a hundred dollars from Beth (the ambassador’s daughter). I call this experience oppression, slavery."
Lawyers for Baoanan said the exact amount had not yet been set but would be based on New York minimum wage law of $6.75 per hour.
“They really abused me. I haven’t even recovered from the previous day’s exhaustion and already someone was waking me up," Baoanan said. - GMANews.TV
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