PRESS RELEASE
National Conciliation and Mediation Board-DOLE
March 10, 2011
Refer to Ema Aguirre
Tel. No. (02)
332-2232
Seafarers get over P13M in benefits through Voluntary Arbitration
Three Filipino seafarers
received more than US$300,000.00 (or P13 M) in claims recently, as three distinct panels of voluntary
arbitrators (VA) accredited by the National Conciliation and Mediation Board
(NCMB) handed out decisions in three separate cases.
In his report to Labor and Employment Secretary
Rosalinda Dimapilis Baldoz, NCMB Executive Director Reynaldo R. Ubaldo
said the maritime disputes involving three manning companies were decided on the merits, granting the
claims of three seafarers for illness allowance, reimbursement of medical
expenses, disability benefits, and
attorney’s fees.
The
first decided voluntary arbitration case involved Ernie T. Carnaje who was
employed as a fitter by Crossworld Marine Services,
Inc. on behalf of Kapal (
In 2008, Carnaje
developed lumbalgia de fuego while on board M/V CMA CGM and was declared
unfit to work. He was subsequently
repatriated to the
Denied of his claim in the
grievance process, Carnaje, through the assistance of AMOSUP, decided
to elevate his complaint to voluntary arbitration. He sought the assistance of NCR Director
Walfredo D. Villazor who, in October 2009, appointed
a panel of voluntary arbitrators to handle the dispute. The panel was chaired
by AVA Gregorio C. Biares, Jr., with AVAs Atty. Allan S. Montano and Leonardo
B. Saulog as members.
On January 10, 2011, AVA Biares,
Jr. et al handed their decision granting the claims of Carnaje for illness allowance, reimbursement of
medical expenses, disability benefits and attorney’s fees amounting to US$ 137,500 (roughly P 6M).
Also, on January 25, 2011, the
panel of arbitrators composed of AVAs Angel Ancheta, Atty. Allan S. Montano and
Gregorio Biares, Jr. handed down their order holding United Philippines Inc./Fernando T. Lising jointly and solidarily liable to pay
Rosalito S. Polizon the amount of US$100,487.20 as disability benefits and
attorney’s fees.
Polizon
contracted a work-related illness in 2009 while on board the vessel “
After being denied of his claim
by the respondent during the grievance proceedings, Polizon filed before the
NCMB-NCR a notice to arbitrate on September 14, 2009, claiming full disability
benefits, illness allowance and reimbursement of medical expenses.
The same NCMB report also cited
the case involving Welegue L. Lobaton
and Philippine Transmarine Carrier Inc. which was decided on January 25, 2011.
Lobaton was
hired in 2009 as ordinary seaman aboard the vessel M/V Roberto Rizzo. In
November 2009, he was lifting a heavy provision when he suddenly felt back
pain, followed by intense pain in his lower back and groin. He was advised to
undergo bilateral varicocoelectomy,
and was later recommended for rehabilitation. Later, he learned he was no
longer fit to resume his sea duties.
Failing to claim his disability
benefits through the grievance procedure, Lobaton,
filed a notice to arbitrate with the NCMB-NCR in August 2010.
The panel of arbitrators
composed of Angel Ancheta, Gregorio C. Biares, Jr., and Leonardo B. Saulog ordered the company to pay Lobaton
the amount of US$ 67,892 as disability compensation, illness allowance and
attorney’s fees.
Executive Director Ubaldo commended the accredited voluntary arbitrators for
their focused and pro-active effort in facilitating the settlement of these
disputes, saying their efforts mirror the government’s bias for voluntary
arbitration as a means of resolving labor disputes.
“This proves that ordinary workers get fast results for their complaints under our system of labor dispute settlement,” he added, noting that it took the panels of arbitrators an average of only twelve months to decide the cases.
END.