Worker gets P25-K in settlement after complaint is settled through SENA by long
distance call
Efleda A. Houran
Legazpi
City—If DOLE-CARAGA had used Skype online to settle a request for assistance
under the 30-day conciliation-mediation services of the Single Entry Approach (SENA)
mechanism, the National Conciliation and Mediation Board has resolved a SENA
case by using a seemingly outmoded—and more crude yet equally effective mode of
communication—the land phone.
This was
reported to Labor and Employment Secretary Rosalinda Dimapilis-Baldoz by NCMB-Regional
Branch No. 5 Director Susan Quimpo who said the SENA case involved Sonny Vibal,
a worker of Sampaguita Tourist Hotel here in Legazpi City.
Vibal had
come to the NCMB regional branch office to request for assistance regarding his
complaint of “dismissal due to allegations made against him by unknown
co-employees that reached their manager through text messages”. SEAD Officer and
Supervising LEO Josephine Amaranto handled the case.
As SEAD
officer, Amaranto faced the problem of setting a conciliation meeting between
the parties due to their busy and conflicting schedules. The owner of the
company is based in Naga City which is two-and-a half hour ride by land from
Legazpi City.
“At first,
Amaranto planned of holding the conference in the office but the owner was busy
with her schedule of visiting the different branches of their hotel. And
besides, she said she had to confer still with her children regarding the
complaint. Her children are based at different hotel branches in the country.
It was difficult to set a date for the meeting,” reported Director Quimpo.
“Then she
thought of using the chat room, but due to intermittent internet connection and
bad weather condition in the Bicol Region, she decided to use the phone. In this
case, the fixed phone became an effective tool in settling the SENA case between
Sampaguita Tourist Hotel and the complaining worker,” she added.
Director
Quimpo said Amaranto settled the case in just two long-distance calls. Ms.
Abella Dacudao, the owner of the hotel agreed to settle the issue by paying
complainant Vibal P25,000.00 as separation pay. She also condoned his motor
vehicle loan balance amounting to P7,000.00 and his SSS contributions were
remitted.
"Setting a
date for the meeting was really difficult. I was able to connect with Ms.
Dacudao in their Davao Branch. It took me less than 30 minutes each call to set
an agreement with the parties. I realized I can make use of the telephone to
settle the case even if we were miles apart," Amaranto said.
“By coming
to a settlement agreement, both parties avoided what could have been a
protracted legal case. Both also saved on transportation expenses and time spent
in travelling which would have been deleterious to the business’s and worker’s
productivity,” Director Quimpo noted.
Baldoz
lauded the resourcefulness of the SEAD officer, saying "whatever means of
settling the dispute may be undertaken as long as it is within the bounds of the
legal and official rules governing the SENA.”
The SENA is a reform
measure institutionalized by Secretary Baldoz last year through D.O. 107-10 to
effect faster, fairer, and inexpensive settlement of labor issues and to prevent
these issues from maturing into actual labor cases.
Under the SENA, single
entry approach desks (SEADs) have been established in every DOLE offices
nationwide to serve as entry points in speeding up the resolution of all cases
affecting workers and employers. Trained officers, called SEADOs, man the desks.
Their role is to facilitate conciliation-mediation between opposing parties
within 30 days.
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