JOHN HAY Management Corporation (JHMC) lost two other labor cases at the National Labor Relations Commission.
Cases of former employees Jezl Boado and Joseph Enver Serafico Agcaoili lodged at the NLRC won over JHMC in its decision awarding both their back wages.
The NLRC through labor arbiter Monroe Tabangin, ruled in favor of both Boado and Agcaoili in a decision handed down on the early weeks of June.
Both filed illegal dismissal charges against JHMC president and chief executive officer Jamie Eloise Manzano-Agbayani in 2012.
The NLRC ruled in favor of Boado, who was Corporate Planning manager, deciding to "reinstate complainant to her former position without loss of seniority rights."
"With the above factual considerations, this forum finds sufficient compelling reasons to rule that subject complainant in the instant case was illegally dismissed considering that there was no just or valid cause for the termination of her probationary employment and she was denied procedural due process," Tabangin in his decision said.
"The absence of reasonable standards communicated to her at the commencement of her job as probationary employee made her a regular employee by operation of law who could be terminated from her job only on a just or valid cause and with procedural due process," he added.
Tabangin ordered the return of Boado's "full back wages inclusive of mandatory labor standard benefits from the time she was illegally dismissed up to actual reinstatement."
The facts of the JHMC case state: "Boado was hired by respondents as a Corporate Planning Manager on January 7, 2013 under Probationary Contract of Employment for a period of six months. As such, she continuously performed her job as designated until she received a MEMO, dated June 25, 2013 terminating her Probationary Contract of Employment on the ground that her Performance Evaluation rating was unsatisfactory."
"[Boado] vigorously asserts that she was illegally dismissed. As clearly deduced from the records, there were no reasonable standards ever communicated or made known to her, in implementing the General Responsibilities of a Corporate Planning Officer. Specifically, there were no objectives or measurable standards under which complainant or anyone supposedly hired as a Probationary employee should be evaluated for regularization. In the absence therefore, of those measurable standards for her to be regularized at the start of her employment, she was a regular employee," the decision read.
Boado's back wages amount to P292,494.64 with legal counsel fees amounting to P29,249.46.
Meanwhile, Agcaoili, formerly an executive assistant to JHMC, also won and is to be awarded a total of P351,499.98 representing back wages and legal fees.
"This forum finds sufficient compelling reasons to rule that subject complaint was constructively dismissed because his continued employment was made impossible, unreasonable or unlikely by the disdainful-treatment effected by respondent CEO Agbayani on him. More importantly, complainant was made to sign a pro forma Resignation Letter which was not even notarized," Tabangin in his ruling for Agcaoili said.
Tabangin however did not rule for Agcaoili to be reinstated saying, “This forum however finds that the working relationship between respondents and complainant was already strained that to reinstate that latter to his former position will only breed contempt and hatred for each other.”
Facts of the case of Agcaoili recounted: “The rosy stage of complainant’s employment started to be thorny when on January 20, 2012, he joined a group of employees who filed a complaint with the office of the President of the Philippines against Agbayani as President and Chief Executive Officer of JHMC due to graft and corrupt practices, such as, among others: using the funds of the Corporation for her personal interests, manifested in purchasing expensive gifts for her visitors, eating at pricy or plush restaurants, frequent gasoline expenses for a car not owned by JHMC, fuel for her trip going to and from her Quezon City home, making non-emergency purchases without canvass using her personal funds for which she would seek reimbursement, thus circumventing the rules on procurement, penchant habit for luxury and ostentatious lifestyle at government expense and more controlling, was her obsession to treat the corporation as her private kingdom.”
The facts of the case continued to recount the ordeal of Agcaoili.
"The Complainan's group then started gathering important documentary evidences to corrobate the complaint they filed against Agbayani.
Mysteriously, the documents with the Finance Department pertaining to Agbayani’s corrupt acts went missing. The worse part of it, having discovered that complainant was one of the leaders of the complainants against her, Agbayani become aloof with complainant and started series of vindictive schemes to bring down complainant to his knees,” it said.
Weeks ago, JHMC also lost the labor case filed by Arthur Leonard Odsey, also at the NLRC.
Odsey was awarded back wages amounting to P662,311.45 and legal expenses of the counsel amounting to P66,231.15 with reinstatement to his former position as Public Relations Officer.
JHMC employees have also filed complaints before the Ombudsman and the Office of the President against Agbayani for excessive spending of government funds.