NLRC staff cleared of admin complaint
CEBU, Philippines - An employee of the National Labor Relations Commission (NLRC) was cleared of the administrative complaint by the Office of the Ombudsman-Visayas for lack of merit.
Graft investigation and prosecution officer Corazon Arnado-Carillo found no evidence to hold Oliver Emia guilty of misconduct.
Emia, single entry approach desk officer (SEADO) of the NLRC, was accused of misconduct by Emmalyn Comon, former employee of Virginia Floods, Inc.
Comon said she went to NLRC on September 5, 2012 to file a complaint against her former employer. The respondent allegedly told her of the possible amount she would receive from her employer. These include her separation pay, reimbursement of what was illegally deducted from her salary, 13th month pay, and uniform deductions.
However, Comon said she was surprised during her se-cond meeting with the respondent because the latter already told her that she will not receive anything other than P500 uniform deduction.
Comon also accused Emia of asking her to sign a blank paper and ordered her to write a statement tantamount to an affidavit of desistance. Emia denied the allegations.
Being a SEADO, Emia said he was only tasked to assist parties to arrive at a settlement, to initiate pre-conference assessment, evaluation counseling and conciliation-mediation services, to clarify issues and narrow down disagreement, to encourage parties to generate options and enter stipulation and to offer proposals and options toward mutually acceptable solution and voluntary settlement.
Contrary to the allegations of the complainant, he claimed that he has no power to compute and grant separation pay, 13th month pay and other claims as these are within the control of the labor arbiter.
Likewise, he claimed that it was unlikely that he gave the complainant a computation relative to the monetary claims that she is going to receive from her employers.
He said what he told to the complainant was only the decision of her employers that they are not willing to settle the matter but will only gave P500 for the uniform refund provided that she would withdraw her Request for Assistance (RFA).
“This office gives credence to the contention of respondent Emia that his role is only to mediate/conciliate the parties,†the anti-graft office ruled. (FREEMAN)
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