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Saturday, November 23, 2024

Dismissed workers win case vs. coop

Tuguegarao City—Dismissed workers of a multi-purpose cooperative have won their case and might have the chance to be reinstated to their jobs in addition to substantial financial remunerations.

The National Labor Relations Commission (NLRC) Region 2 office here ruled in favor of the workers who asserted that they were unjustly terminated by the Tam An Banaue Multi-Purpose Cooperative.

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The employees also complained about alleged, illegal salary deductions and non-remittance of their premiums contributions for Social Security System, PAG-IBIG Fund, and Philhealth despite monthly deductions made from the salaries.

Cited as respondents in the complaints were chief executive officer Jose Bulayo Tomas Jr, human resources chief Vivian Zia Pagaduan, and finance officer Noemi Tomas Limong of the Tam An Banaue Multi Purpose Cooperative.

The workers also accused their employers of violating a Department of Labor and Employment (DOLE) order prohibiting termination of employees and providing for flexible work arrangements amid the Covid-19 pandemic.

In her five-page decision Labor arbiter Ma. Lourdez Baricaua ruled that the dismissals of Pepsi Altamirano, Jennie Camarillo and Roel Altamirano were invalid because they merely acted as signatories in a protest over the revocation of a patented title issued to board member Edgardo Balgos and his family by the Department of Environment and Natural Resources, and which was eventually bought by respondent cooperative.

The other complainants, Meriam Padre and Kristine Marie Delos Santos were also allegedly fired for no valid reason.
Harry Christian Garces was unduly dismissed as maintenance personnel or mason after he figured in an accident in March 2021.
 
Included in the NLRC order was the total judgment award for the money claims to be paid by the cooperative to the complainants including retirement pay, separation pay and attorney’s fees for Meriam Padre for P263,549; Harry Christian Garces P21,736; Cristine Marie Delos Santos P10,68; Pepsi Altamirano P21,736; Jennie Camarillo P32,604 and Ruel Altamirano P76,076.

 Vice Governor Jose Tomas Sr., said they have not received a copy of the decision by the National Labor Relations Commission.
 
On the other hand, complaints from Ayra Binag, Mariebeth Bautista and Wilfreda Cudiaman were denied by for failure to substantiate their complaints.

Binag in statement said, “We were asked to submit our resignation letters by Ms. Pagaduan if we want to get back our capital shares which the Coop continuously deduct from our salaries on a monthly basis in the total amount P500,” she lamented.
 
The complainants claim of constructive dismissal were not supported in their affidavits failing to show proof of such undertaking by the coop, the NLRC order said.
 

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