SC asked to stop NLRC from acting on labor suit

MANILA, Philippines - The Supreme Court (SC) was asked to stop the National Labor Relations Commission (NLRC) from implementing an order awarding P60 million in compensation to a former Australian partner of a real estate developer who had no working permit.

In an urgent motion filed last Aug. 10, Eulalio Ganzon of E. Ganzon Inc. (EGI) and EGI-Managers Inc. asked the high court to issue a temporary restraining order (TRO) enjoining the NLRC from proceeding with execution of the award to Australian Andrew James McBurnie pending appeal of its third division’s ruling in September 2009.

Through lawyer Teodoro Jumamil, the petitioner sought relief from the SC after NLRC set a hearing on Aug. 17, “undoubtedly for no other purpose than the execution of the assailed decision.”

Ganzon argued that the order should not be executed pending his appeal with the high court.

The businessman also reiterated his bid for the SC to reconsider its ruling.

Ganzon had earlier filed a motion to reconsider the third division’s Jan. 25, 2012 resolution that denied his and his companies second motion for reconsideration and pleaded that the case be elevated to the full court.

A check with the SC’s third division showed that Ganzon’s motion is still pending consideration by the court.

A copy of the petition was furnished the NLRC in a manifestation and motion. Ganzon also asked the agency to reset its Aug. 17 hearing until the SC has resolved his petitions.

He also asked the NLRC to require McBurnie’s presence during the hearing.

Last April, he had filed an appeal of the SC ruling dismissing his second motion for reconsideration.