An alleged issue on illegal dismissal was voluntarily resolved prior to the scheduled SENA conciliation conference.

 

John Catbagan is a maintenance worker for 16 years. He is employed by Mr. Domingo Añez for the buildings-for-rent that he owns. “My employer said that he is not dismissing me from service but is telling me to look for another job,” Catbagan said. “He also claimed that I am not a regular employee of his and offered me P5, 000.00 when I leave my employment,” he added.

 

He thus filed for assistance on September 1, 2014 wanting to claim his separation pay for his years of service.

 

When the notice of conference was delivered to Mr. Añez, the RFA was explained to him. It was made clear to them that it was not a labor case, as many suppose, but rather a peaceful means of resolving their issue without involving any legal and adversarial actions. While he was expecting action from Catbagan, he was not expecting that it will not be a law suit against him but rather a call for relational talks to resolve the issue.

 

During the scheduled conference on the 3rd of September, Catbagan came with a written agreement that they have amicably settled the issue beforehand. He reported that he has agreed and has received the amount of Php10, 000.00 as financial assistance from his employer.

 

While the amount seemed insufficient considering Catbagan’s years of service and the default intention to let him avail of what is due, procedures do not have control over the matter when parties mutually agreed to the said amount to settle the case.