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SC Affirms Labor Arbiter Dismissing Seafarer's Claim for Disability Benefits

          In an August 2012 decision, the Supreme Court affirms the decision of the Labor Arbiter in dismissing the claim of petitioner-OFW for disability benefits.

           “While the provisions of the POEA-SEC are liberally construed in favor the well-being of OFW, claims for compensation which hinge on surmises must still be denied, as in this case”, the Supreme Court said.

NLRC-Seventh Division Takes Part in Building a Better Tomorrow

           Industrialization may have contributed to our perception of what progress should be yet to some extent it also destroyed the balance of nature that could lead to global warming and climate change. With the current dilemma, are We going to just sit back and watch mother nature die or are we going to step up and make a difference?

SC Finds No Grave Abuse of Discretion on Writ of Execution Issued by NLRC for Security Guard

       In a June 2012 decision, the Supreme Court affirms the decision of the NLRC relative to reinstatement and payment of monetary benefits.

      “We do not see any grave abuse of discretion after a close examination of the petition and the attached records where 3rd Alert insists that a copy of the manifestation on reinstatement had been sent to the security guard’s counsel”, the Supreme Court said.

Disability Compensation Benefits under the CBA Amounting to US$148,500.00 Awarded to Seaman

       National Capital Region Arbitration Branch awarded US$148,500.00 as disability compensation benefits under the CBA to a seaman.

       In a decision dated 27 March 2012, the labor arbiter declares the seaman entitled to disability compensation benefits under the CBA in the amount of US$148,500.00.

2nd Officer Filipino Seaman Settled for P2,883,200.00 Disability Benefits

       In an Order issued by the Labor Arbiter of the National Capital Region Arbitration Branch confirming the settlement, the case filed by a Filipino seaman for disability benefits was amicably settled.

       For the disability benefits, both the parties, the manning agency and the complainant agreed to settle the case for US$68,000.00 or P2,883,200.00 as full and final settlement.

       The complainant was a 2nd officer seaman deployed at Marshall Island.

NLRC Orients Labor Arbitration Associates on 2011 NLRC Rules of Procedures, Case Management System and Records Management

       Recognizing the essence of capacity building and reforms in the arbitration proceedings, the NLRC conducted a seminar workshop for the Labor Arbitration Associates (LAAs).

       In a nationwide seminar workshop, an orientation for Labor Arbitration Associates (LAAs) from Luzon, Visayas and Mindanao on the 2011 NLRC Rules of Procedure and Case Management was scheduled in June and July 2012.

Manning Agency Expresses Admiration for Decisive Action of NLRC Chairman

       In line with the commitment to reform labor arbitration and adjudication and restore integrity and fairness in the system, the NLRC once again unfold its dedication to serve the public.

       In a letter dated 03 May 2012, the president of one manning agency expresses her admiration for prompt and decisive action of NLRC Chairman Gerardo C. Nograles in her complaint against the Labor Arbiters and Labor Arbitration Associates, to wit:

 

"x  x  x

SC Clarifies NLRC Rules of Procedure on Posting and Reduction of Bond

      In a February 2012 decision, the Supreme Court clarifies that the Rules of Procedure of the NLRC allows the filing of a motion to reduce bond subject to two conditions: (1) there is meritorious ground, and (2) a bond in a reasonable amount is posted. The filing of a motion to reduce bond and compliance with the two conditions stop the running of the period to perfect an appeal.

SC Affirms NLRC Declaration of Union’s Strike Illegal for Violation of CBA's No Strike-No Lockout Provision

      In a March 2012 decision, the Supreme Court (SC) affirm the decisions of the Labor Arbiter and the NLRC in declaring the strike staged by the Union, participated in by the Union officers and members, illegal for violating the no strike-no lockout provision of the CBA which enjoined both the Union and the company from resorting to the use of economic weapons available to them under the law and to instead take recourse to voluntary arbitration in settling their disputes.

SC Delineates Jurisdiction of DOLE vis-a-vis NLRC

      In a March 2012 decision, the Supreme Court delineates the jurisdiction of the DOLE Secretary vis-à-vis that of the NLRC.

      The Court ruled that no limitation in the law was placed upon the power of the DOLE to determine the existence of an employer-employee relationship. No procedure was laid down where the DOLE would only make a preliminary finding, that the power was primarily held by the NLRC. x  x  x

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