6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly In the final part, the Motion for Revision/Modification of Award, respondent requested that the NLRC revise the award made by the labor arbiter. She argued that in the dispositive portion of the decision, the labor arbiter had left out the full reimbursement of the placement fees plus 12% interest per annum, as mandated by Section 10[60] of R.A. 8042.[61] Respondent also prayed for the increase of the moral and exemplary damages to Php 250,000 each, and the award of attorney's fees equivalent to 10% of the total award.[62] Ruling of the NLRC The NLRC issued a Decision[63] dated 30 July 2008 dismissing respondent's complaint, because her claims had been the subject of a valid release, waiver and quitclaim.[64] The NLRC ruled that respondent could no longer question the termination of her contract of employment after her acceptance of the new offer of President Kassa to work at the Internal Audit Department.[65] It found that the termination of the contract did not take effect when respondent and the university agreed to the continuance of her employment, albeit in another capacity. Thus, when respondent later wrote to President Kassa that she did not want the new post after all and requested to be repatriated, it was she who terminated the contract.[66] Contrary to the ruling of the labor arbiter, respondent was not constructively dismissed. The NLRC also sustained the validity of the Quitclaim and Release. It held that respondent was a certified public accountant and bachelor of laws graduate who could hardly be "duped into signing any document that would be detrimental to her cause, if she was not willing [to agree] to the terms and conditions [provided in] what she was signing [or] entering into."[67] After her motion for reconsideration[68] was denied in the Resolution dated 31 October 2008, respondent filed a petition[69] before the CA ascribing grave abuse of discretion on the part of the NLRC. Ruling of the CA In the assailed Decision[70] dated 29 May 2009, the CA reinstated the Decision of the labor arbiter with modifications. Aside from upholding the awards made by the labor arbiter, the appellate court ordered petitioner and Alemaya University to reimburse respondent for the full amount of the placement fee she had paid, with interest at the rate of 12% per annum, as well as her airfare from Dire Dawa to Addis Ababa in Ethiopia.[71] The awards of moral and exemplary damages were both increased to Php 50,000, plus attorney's fees equivalent to 10% of the monetary award.[72] The CA ruled that the amount of USD 900 given to respondent by virtue of the Quitclaim and Release was unconscionable and not commensurate with the unexpired portion of the contract.[73] Hence, the waiver and quitclaim was invalid. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60760 7/20

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