OFW wins case against erring employer

Date Posted: May 17th, 2017 11:18 AM
 

The Court of Appeals has found a foreign employer of an overseas Filipino worker (OFW) in violation of its contractual agreement and ordered the payment of the worker's unpaid salaries.

 

In a recent decision, the CA dismissed a petition filed by the International Hospital of Bahrain against the Department of Labor and Employment and the Philippine Overseas Employment Administration which declared the foreign employer of Joselino Caraos in default of its obligation.
 

The government has been compelling IH to pay its obligations to Caraos, but went to the appellate court instead to stop DOLE and the POEA from collecting on Caraos' behalf.

 

The OFW has since stopped working as assistant pediatrics in International Hospital because of lack of financial sources to support his family due to non-payment of his salary and other monetary benefits from his employer over a period of time.

 

The POEA investigated Caraos' complaint against the Bahrain hospital and found it to be in default in its contractual obligation to pay the salary on time.

 

In defense, International Hospital claimed that Caraos filed the labor case to pre-empt the case against him for liability in pre-terminating his contract. It subsequently went to the CA to stop the government from proceeding against it.

 

Sometime in March this year, the appellate court dismissed the International Hospital’s petition and proceeded to rule on both procedural and substantive grounds.

 

In its ruling, the Court said “... we fail to find any grave abuse of discretion on the part of the DOLE which would authorize this appellate court to substitute its own ruling over that of DOLE. There was ample evidence to support the findings of the said administrative agency.” 

 

Caraos, with the legal assistance of DOLE, will soon receive his unpaid salaries and other monetary claims through legal process of conciliation and mediation.

 

END/ Abegail De Vega



Created Jun 5th, 08:54

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