THE National Labor Relations Commission (NLRC) 7 overturned a labor arbiter’s ruling that ordered a businesswoman from Cebu to pay her two former employees P2.4 million in back wages.
The NRLC’s Seventh Division granted the motion for reconsideration and ruled that Prisca Niña Mabatid, PinoyCare Visa Center president, did not constructively dismiss singer-entrepreneur Eva delos Santos and the latter’s husband Ruben David.
“Bare allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be given credence. Mere allegation is not evidence,” read the NLRC’s 18-page decision.
In a text message to Sun.Star Cebu, Mabatid said she was thankful to God for answering her prayers.
“Truth prevailed and justice is served,” said Mabatid, adding that she still has a pending estafa case against the couple over a townhouse she bought from them.
The couple had filed the labor case against Mabatid for constructive illegal dismissal, unpaid salaries and commission, among other benefits. David had worked as PinoyCare Visa country manager for the Middles East while Eva served as his co-speaker.
Last July 29, 2017, the couple received their notice of termination of employment for alleged insubordination for refusing to receive the company’s memoranda and for failing to submit their written explanation.
Prior to their dismissal, the couple said they were publicly shamed and humiliated last July 4, 2017 during a supposed company meeting.
The couple earlier filed a libel complaint before the Office of the Cebu City Prosecutor, accusing Mabatid of besmirching their reputation through a Facebook live interview.
In the decision, the NLRC 7 ruled the complainants failed to present a single evidence to corroborate their claims of verbal abuse and insults from Mabatid.
“Unfortunately, we cannot simply rely on complainant’s assertions and allegations in the absence of any evidence to support it,” the decision read.
While the NLRC reversed the labor arbiter’s ruling, it ordered Mabatid to pay the couple P199, 530 as their last pay and commissions.
Mabatid earlier sought the help of the National Bureau of Investigation 7 in filing an estafa complaint against the couple after she bought a townhouse from them and paid P2.5 million only to find out later that it has another owner.