4/30/2021 E-Library - Information At Your Fingertips: Printer Friendly Finally, in October 1993, petitioner wrote to respondent Maersk demanding immediate payment to him of the total amount of the money orders deducted from his salary from 1977 to 1978.[4] On November 11, 1993, respondent A.P. Moller replied to petitioner that they keep accounting documents only for a certain number of years, thus data on his money claims from 1977 to 1978 were no longer available. Likewise, it was claimed that it had no outstanding money orders. A.P. Moller declined petitioner's demand for payment.[5] In April 1994, petitioner filed a complaint for collection of the total amount of the unsent money orders and illegal salary deductions against the respondent Maersk in the Philippine Overseas Employment Agency (POEA). The case was transferred to the NLRC where Labor Arbiter Arthur Amansec ruled, viz: “Anent the deductions from his salary of "Welfare/Ship Club" contributions, these deductions are compulsory deductions pursuant to Department Order No. 898 dated December 27, 1990 of the Danish Maritime Authority. Being government imposed deductions, the same cannot be said to be unlawful. In fact, a non-deduction could have been unlawful and could have meant official sanctions against the respondents. Regarding the Danish SSS deductions of forty-four dollars ($44.00) for a period of three (3) months in 1991, it appearing that the same were for payments of complainants' medical insurance and expenses, the same cannot be said to be illegal. Regarding to (sic) complainant's claim for payment of and/or refund of seven (7) money orders for the period covering 1977 to 1978, while the respondents claim payment of that claim, it failed to present competent evidence of payment such that this Office is constrained to approve this claim as warranted. xxx xxx xxx WHEREFORE, judgment is hereby made ordering the respondent and/or TICO Insurance Co., Inc. to refund to complainant his untransmitted money order payment of HK$4,600 and 1,050 Sterling Pounds. Respondent TICO Insurance Co., Inc.('s) cross-claim against respondent, for being meritorious, is hereby APPROVED. Other claims for lack of merit, are ordered DISMISSED.”[6] Respondent Maersk appealed to the NLRC the Labor Arbiter's grant of the claim for the amount of unsent money orders. The NLRC reversed and set side Labor Arbiter https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52537 2/9

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