After nearly a decade, 11 workers will finally receive their claims from a company whom they accused of illegally dismissing them in 2001.
This developed after the Supreme Court (SC) recently granted the workers’ request for claims from a two furniture companies that allegedly dismissed them without due process of law.
In his decision, Associate Justice Antonio Eduardo Nachura of the High Court’s second division upheld the ruling of the Court of Appeals (CA), which held Mandaue Galleon Trade Inc. and Gamallosons Traders Inc. legally liable for refusing to grant its employees the dues they deserved.
The failure of the furniture company to attach a certification of non-forum shopping in their notice of appeal filed before the CA was enough to grant the request of the workers.
“It must be emphasized that procedural rules should not be belittled or dismissed simply because their non-observance might have resulted in prejudice to a party’s substantial rights,” Nachura said.
A Certificate of Non- Forum Shopping is required in the institution of cases to avoid clogging of dockets and to discourage litigants from seeeking more favorable results in different fora.
In 2002, the labor arbiter ordered the Mandaue Galleon Trade Inc. and Gamallosons Traders, Inc. to pay the workers as follows: Bienvenido Isidro, P95,200; Erwin Ba-ay, P57,500; Victoriano Bendanilla, P75,000; Eduveges Gutib, P90,000; Julito Gutib, P90,000; Gregorio Ordanisa, P85,000; Damian Rabanal, P85,000; Rosita Rabanal, P85,000; Eustaquia Siglos, P85,000; Primitivo Siglos, P85,000; and Rodolfo Torres, P85,000.
The workers filed a case for illegal dismissal and non-payment of overtime pay, holiday pay, 13th month pay, and service incentive leave pay against the companies before the Regional Arbitration in Cebu City of the National Labor Relations Commission (NLRC).
The companies represented by Fausto Gamallo are into making rattan furniture in Mandaue City.
The workers started working at Gamallo Sons, Inc. in 1977 and 1978.
In 1980, the firm name was changed to Gamallosons Traders, Inc. and later became Mandaue Galleon Trade, Inc.
The employees said he change of name was intended to subvert the labor standard benefits, status, and conditions of employment. –Ador Vincent Mayol, Cebu Daily News
Invoke Article 33 of the ILO constitution
against the military junta in Myanmar
to carry out the 2021 ILO Commission of Inquiry recommendations
against serious violations of Forced Labour and Freedom of Association protocols.
#WearMask #WashHands
#Distancing
#TakePicturesVideos
