NLRC dismisses cases filed by nurses vs. Sentosa

Friday, February 22, 2008

NLRC dismisses cases
filed by nurses vs. Sentosa

THE National Labor Relations Commission has dismissed the cases filed by the 31 Filipino nurses against Sentosa Recruitment Agency and its foreign principals.
The cases were filed by 31 Filipino nurses who are working in various long-term healthcare facilities in New York for alleged illegal dismissal, nonpayment of and underpayment of salaries, and other money claims.
In a 17-page decision penned by Executive Labor Arbiter Fatima Jambaro-Franco, the Labor commission said the complainants did not observe the requirement that they give notice to resign to their employers in advanced. Hence, they violated their employer’s contract and the Labor Code of the Philippines.
Among the complainants in the case were Juliet Anilao, Marriet Avila, Dulce Corazon Bayot, Annabelle Capulong, Marites Chan, Maricelle Dealo, Marie de la Cruz and Maritoni de la Rosa.
Named respondents were Sentosa Recruitment Agency, Francis Luyun, Bent Philipson and healthcare facilities in New York.
The commission’s decision, which was written on January 24, declared that under contract, at least two weeks notice of intent to resign is required, and under the Labor Code of the Philippines, at least one month notice is required. Either of the required notification was not observed by the 31 nurses.
Franco said all the complainants tendered their resignation letters, hence they cannot claim illegal dismissal, either actual or constructive.
On money claims, Franco found out that the payslips of the 31 nurses clearly showed that they were paid a salary rate of $24 per hour even if their contract only states a minimum of $22. In fact, one nurse was even paid $40 per hour.
The latest decision from the Labor body is the third consecutive case lost by the nurses in the Philippines against Sentosa. The Filipino nurses are also into legal battles in the US.