The 16 members of the Bacolod Our Lady of Mercy Specialty Hospital employees’ union who were terminated May 11, 2012 will file a petition for certiorari before the Court of Appeals assailing the decision of the 7th Division of the National Labor Relations Commission of Cebu City that declared their termination due to redundancy valid, its president Roberto Villaram said yesterday.
Villaram, who was among the 16 who were terminated, also said they received their termination order from the hospital management last week without the Entry of Judgment from the NLRC that made the action void.
BOLMSH legal counsel Juvy Dioso yesterday said the termination is valid because the NLRC rules provide that 10 days upon their receipt of the decision, it becomes final and executory.
The reversed decision was signed by NLRC Cebu presiding commissioner Violeta Bantug and concurred by Commissioner Julie Rendoque on December 29, 2011 that revoked the order of Labor Arbiter Henry Tañoso of the NLRC Bacolod affirming the illegal termination claim of the employees.
Villaram said they will not stop their fight against illegal termination at the hospital and he hopes that their petition before the CA will be heard.
The NLRC decision also recognized the action of the BOLMSH management abolishing its janitorial and orderly departments.
It also said that there is no basis for the order of Tañoso for the 16 remaining complainants to be reinstated and for the payment of backwages and attorneys fees.*LTG
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