Dismissed broadcaster to get over P285 thousand claims

CEBU, Philippines — The National Labor Relations Commission (NLRC) Regional Arbitration Branch in Cebu City has ordered a local radio station owned by the Martinez family of Bogo City to pay its terminated broadcaster.

In a decision dated April 3, 2017, Labor Arbiter Bertino Ruaya Jr. ordered the management of dyCM-Cebu to pay the total amount of P285,446.24 to Isabelo Mirasol Osmeña Sr., also known as Rico Osmeña, representing his separation pay, backwages, 13th month pay differentials, service incentive leave pay and attorney's fees.

In a Notice of Decision dated May 29, 2018, Labor Arbitration Associate Alcestis Joy Marie Pacres stated that, "decisions, awards, or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties" pursuant to Section 1, Rule VI of the 2011 NLRC Rules of Procedure, as amended.

"No motion for reconsideration of this Decision shall be entertained," Pacres said.

The Labor Arbiter found respondent dyCM-Cebu represented by its Chief Executive Officer Celestino Martinez Jr., General Manager Maia Martinez Herrera and Station Manager Jasonjes Monteclar, guilty of the complaint for illegal dismissal filed by Osmeña.

September last year, Osmeña filed the case against radio station dyCM for allegedly paying their employees below minimum wage, non-payment of Social Security System, PhilHealth and Pag-IBIG Fund premiums, and illegal dismissal with money claims.

On August 31, 2017, Monteclar issued a memorandum stopping Osmeña from going on air for alleged violation of the Broadcast Code.

"After carefully going over the records, we found that there is employment relationship established between complainant and respondents," the labor arbiter said.

On the alleged illegal dismissal, the labor arbiter said the respondents failed to substantiate that complainant was guilty of any wrongdoing.

"We find that respondents failed to prove just and valid cause in terminating complainant's employment. We declared it illegal," the labor arbiter further said.

As to the complainant's money claim, the labor arbiter ruled to grant the same. — FPL (FREEMAN)