5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly On October 15, 1997, Joy filed a complaint[17] with the National Labor Relations Commission against petitioner and Wacoal. She claimed that she was illegally dismissed.[18] She asked for the return of her placement fee, the withheld amount for repatriation costs, payment of her salary for 23 months as well as moral and exemplary damages.[19] She identified Wacoal as Sameer Overseas Placement Agency’s foreign principal.[20] Sameer Overseas Placement Agency alleged that respondent's termination was due to her inefficiency, negligence in her duties, and her “failure to comply with the work requirements [of] her foreign [employer].”[21] The agency also claimed that it did not ask for a placement fee of ?70,000.00.[22] As evidence, it showed Official Receipt No. 14860 dated June 10, 1997, bearing the amount of ?20,360.00.[23] Petitioner added that Wacoal's accreditation with petitioner had already been transferred to the Pacific Manpower & Management Services, Inc. (Pacific) as of August 6, 1997.[24] Thus, petitioner asserts that it was already substituted by Pacific Manpower.[25] Pacific Manpower moved for the dismissal of petitioner’s claims against it.[26] It alleged that there was no employer-employee relationship between them.[27] Therefore, the claims against it were outside the jurisdiction of the Labor Arbiter.[28] Pacific Manpower argued that the employment contract should first be presented so that the employer’s contractual obligations might be identified.[29] It further denied that it assumed liability for petitioner’s illegal acts.[30] On July 29, 1998, the Labor Arbiter dismissed Joy’s complaint.[31] Acting Executive Labor Arbiter Pedro C. Ramos ruled that her complaint was based on mere allegations. [32] The Labor Arbiter found that there was no excess payment of placement fees, based on the official receipt presented by petitioner.[33] The Labor Arbiter found unnecessary a discussion on petitioner’s transfer of obligations to Pacific[34] and considered the matter immaterial in view of the dismissal of respondent’s complaint. [35] Joy appealed[36] to the National Labor Relations Commission. In a resolution[37] dated March 31, 2004, the National Labor Relations Commission declared that Joy was illegally dismissed.[38] It reiterated the doctrine that the burden of proof to show that the dismissal was based on a just or valid cause belongs to the employer.[39] It found that Sameer Overseas Placement Agency failed to prove that there were just causes for termination.[40] There was no sufficient proof to show that respondent was inefficient in her work and that she failed to comply with company requirements.[41] Furthermore, procedural due process was not observed in terminating respondent.[42] The National Labor Relations Commission did not rule on the issue of reimbursement of elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57319 2/39

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