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Wednesday, December 15, 2004
Overseas worker sues Kuwait Airways, asks for P2.3M in damages
* Dabawenyo says airline illegally terminated his services twice
A FORMER overseas Filipino worker (OFW) from Bunawan, Davao City has filed a complaint before the National Labor Relations Commission (NLRC) 11 office against a foreign airline company for alleged illegal termination and is demanding P2.3 million in damages.
The eight-page complaint was filed by Nicolas Tomada, Jr. of Km. 24, Bunawan, Davao City, against Kuwait Airways Corporation (KAC).
Tomada said that he went to work in Kuwait as a driver-galley attendant for VHVN
catering, a department/section of KAC Service Company (Kasco), which is a subsidiary company of KAC in May 1992 with a monthly salary of 175 dinars.
The OFW said he received a termination letter from his job from Kasco in on August 25,1999 for alleged violation of rules and regulations.
Tomada said that the termination is illegal and he denied violating any rules.
He said he then filed a case for illegal termination against KAC.
He also asked KAC to return his Philippine passport with visa and for them to issue a clearance for him to be able to apply for other jobs but KAC allegedly refused to release his papers despite orders from the Court of Justice in Kuwait on February 28, 2001.
KAC also allegedly asked him to pay 600 dinars as a requirement.
On October 21, 2002, Tomada said he received another termination paper, which he said is highly irregular because he had already been terminated n August 25, 1999.
He said KAC filed a case against him before the Ministry of Justice for allegedly abandoning his job, adding that for three years, he did menial jobs just to survive until he was required to secure clearance certificate before he can leave Kuwait.
Tomada said he was deported on November 20,2002 by immigration authorities of Kuwait practically penniless.
Aided by legal counsel Conrado A. Estuart, Tomada said that because of his termination, he is entitled to a separation pay worth one month's salary for every year of service, or a total of seven years for a total of 1045 dinars (at an exchange rate of P186 to one dinar), moral damages of P500,000, exemplary damages of P100,000, 3,120 Dinar for loss of income for two years for KAC's refusal to release his passport, 4,900 dinars for loss of his car and other personal belongings, P10,000 to cover the cost of litigation, totaling to P2,396,090 plus attorney's fees. (RCB)
(December 15, 2004 issue)
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