On January 31, 2013 at 4pm, Jovito Alquizar (40) was informed by his superior, Jaon Jaco-Opong, via an SMS that his service with the company, KCC Mall, has ended. Jaco-Opong is the complaint supervisor in the logistics department. KCC Mall is one of the biggest chains of shopping malls in southern Mindanao.
On January 31, 2013 at 4pm, Jovito Alquizar (40) was informed by his superior, Jaon Jaco-Opong, via an SMS that his service with the company, KCC Mall, has ended. Jaco-Opong is the complaint supervisor in the logistics department. KCC Mall is one of the biggest chains of shopping malls in southern Mindanao.
In her SMS to Alquizar, Jaco-Opong wrote (at p. 2):
Sir, nagpasalamat og dako ang KCC sa imong tabang. Karon Lang ka taman nga adlaw wala nakoy time nga maestorya taka og personal. Salamat kaayo sa inyong tabang. Tnx (Sir, the KCC would like to thank you for your help. Today is your last working day. I don’t have time to talk to you in person. Thank you for your help. Tnx (unofficial translation from Cebuano)
Alquizar was first employed in December 1, 2009 as an "all around driver". While in service, Alquizar’s status was a casual employee, and in the early part of his employment he was receiving a salary below the minimum wage in General Santos City. Under the Labour Code provision Book 6, Article 281, that employees working beyond six months for an employer, shall be “considered a regular employee.”
Alquizar’s contract was continuously renewed for the next three years; however, he was not absorbed as a regular employee. In fact, he was terminated without due process when he started asking his company why they had not absorbed him as a regular employee yet.
On February 26, 2013, Alquizar and Christopher Fuestespina, his former co- employee who testified for him, appeared before the Department of Labor and Employment (DoLE), Region XII, in General Santos City, in an arbitration hearing. After the meeting, Alquizar and a representative from company reached an agreement mentioned in the minutes.
After the meeting, Condrado Artatez, an officer from the DoLE, indicated in the minutes of the meeting on what both parties have agreed:
The workers decided not to return to work (for fear of reprisals); but, instead demanded for 13th month pay, holiday pay, separation pay, and requested the management to please give copies of their pay slip with all the deductions indicated.
It is hereby ordered that the management representative be firm that payment of all claims be due and payable on the next schedule March 5, 2013 @ 10am before the undersigned.
When both parties could not reach a settlement, say enforcement of their earlier agreement, the case was endorsed to the National Labor Relations Commission (NLRC), Sub-Regional Arbitration Branch Region XII in General Santos City. The NLRC is a government agency attached to the DoLE.
Thereafter, the office of the National Labor Relations Commission (NLRC), an agency under the DoLE, requires both Alquizar and KCC Mall to submit their respective position papers. The order for KCC Mal was issued on February 21, 2014 while the order for Alquizar was on March 5, 2014.
As of May 8, 2014, over a year after their meeting, the separation pay that Alquizar’s company earlier agreed to give has not been given. The NLRC also have yet to examine the position papers the two parties have submitted.
