MANILA, Philippines—The National Labor Relations Commission has ruled in favor of the Sentosa Recruitment Agency anew, INQUIRER.net learned.
In its 8 April 2010 decision, the commission dismissed the charges of all the 31 health workers who accused Sentosa of constructive dismissal and not paying their contract-agreed salaries and benefits.
The new decision, which amended its 25 September 2009 ruling in favor of Sentosa for 24 health workers and against Sentosa for seven others, said Ma. Theresa Ramos, Ritchel Salve, Rizza Maulion, Jennifer Lampa, Annabelle Capulong, Maria Consuelo Gonzales, and Carlo Conrad Garcia were actually paid correct or even higher premium pay or night-shift differentials.
“All employees in Sentosa are treated fairly and with due care. Sentosa did not threaten any of its employees,” said the 14-page decision signed by presiding commissioner Gerardo Nograles.
“The feeling of oppression is only imaginary. There is no constructive dismissal,” it said.
The case stemmed from the case of 30 nurses and 1 physical therapist who were recruited by Sentosa to work in various health-care facilities in the United States for a fixed period of three years. Instead of working visas, the recruitment agency acquired permanent resident visas for them.
In 2004 to 2006, they left their jobs complaining that they were made to work for another nursing facility and not their petitioning employer. They also accused Sentosa of discriminatory practices as they were paid less in salaries and benefits than what they were promised.
Sentosa denied liability and countered that the nurses resigned without prior notice and abandoned their post, endangering their patients.
The decision can still be appealed with the Court of Appeals and the Supreme Court.
Similar cases are still pending in the US. –Veronica Uy, INQUIRER.net
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