Camp John Hay’s chief executive faces constructive dismissal charges at NLRC

BAGUIO CITY:  Ma. Cristina Corona, president of John Hay Management Corp. (JHMC), is set to face Eugene Galicia today at the National Labor Relations Commission (NLRC) here after the latter filed a case of constructive dismissal charges against her on June 22.

Galicia named Corona, wife of Supreme Court Associate Justice Renato Corona, as direct respondent to his labor case on the same day that he was dismissed as paralegal officer. The summons made by labor arbiter Monroe Tabingan ordered Corona to appear at the NLRC offices.

Galicia in his personal complaint included the following causes of action: constructive dismissal, non-payment of salary since April 15 to June 15, 2009, premium pay for holidays, 13th month pay, moral and exemplary damages, and attorney’s fees.

Hired on April 15, 2009, Galicia’s salary was not released while his contract for the position of paralegal officer until June 22 was unclear when he filed the case at NLRC.  He said that on June 22, he was required to sign a waiver that he was “cognizant of the fact that I do not have a regular appointment or employment in JHMC and can be terminated anytime and for any reason” prior to the release of his first payment for the period of April 16 to May 15, 2009.

The same waiver stated, “JHMC exercises the right to continue its screening process in the recruitment, selection and hiring of competent professionals and workforce, and may engage my services even while the screening process is in progress.”

Galicia said that the JHMC hiring process included an exam and interview prior to the notice given by Vina Tandoc, human resource officer, for him to report on April 15. According to the process, only those who passed the exam were interviewed for placement. “That means that we have to pass the exam to qualify,” Galicia said, which was contrary to the waiver being signed. Galicia said that this was no longer acceptable to him and that the non-release of his salary without the signing of the waiver did not conform to labor standards and laws.

Galicia said that he did not seek legal counsel because he had no money to engage a lawyer’s services since his salary was not yet been released since April.

In the copy of an antedated contract on April 15, 2009, Corona stated, “We are pleased to inform you that our offer for temporary employment on a contractual basis from April 16, 2009 and expire on June 30, 2009 without need for further notice.” Provision 9 said, “Your employment with the Company is for a definite period and may not be extended. The Company, however, reserves the right to terminate sooner your services if you fail to perform your work to the satisfaction of the Company or to faithfully observe the Company rules and regulations of [sic] for other just causes provided by law.” In the conforme portion of his contract, it states, “I acknowledge that I failed to pass the entrance examination and/or comply with the qualification standards for the position that I am applying for and that this is the reason why only a contract for the temporary services, and not a regular employment, is being executed between me and JHMC.”

Galicia said that all contractual employees of JHMC were required to sign the waivers and contracts before their salaries were released. There are some 15 employees of JHMC whose contracts are renewed monthly even if they have held their positions for more than six months.

Corona, an appointee of President Gloria Arroyo, holds the position of OIC—Chairman of the Board and Chief Executive Officer while she is the President and Chief Operations Officer of JHMC. She holds office in Manila, which has been disallowed by the Commission on Audit since 2007, because JHMC operates at Camp John Hay, Baguio City.

Since April 30, Galicia is the fourth employee who has filed an illegal dismissal case against Corona. His is the 11th case against Corona’s JHMC administration in the office of labor arbiter Tabingan, who is one of two NLRC labor arbiters. It is the first case that requires her to personally appear before the NLRC arbiter.–Thom Picaña and Larry Madarang, Manila Times