The pre-execution conference has been scheduled by the arbiter today, pero hindi po sumipot yong employer namin. They instead asked, through a letter, the Labor Arbiter to stay the issuance of writ of execution pending the resolution of the MR they filed with CA. Yong Labor Arbiter naman ang sabi ay i-reresolve nya daw itong issue this coming Wednesday na naman. It's a clear move to delay our receipt of the forbearance of our case. We had been declared to be illegally dismissed by the NLRC since July 27, 2009 and was affirmed by the CA last Feb. 24, 2011 and also CA already denied their motion for the issuance of a TRO in an earlier resolution.
Ano po kaya magandang gawin namin para matapos na po itong matagal naming paghihintay, we've been illegally dismissed 2006 pa po, and it was almost 5 years na since then.
Can the labor arbiter issue a writ of execution in the absence of the employer in the pre-execution conference? Meron naman pong return card yong registered mail na pinadala sa employer.
Ito pa po masaklap nito, nag motion po kami for the issuance of writ last December 2010 pa po. Upon followup with the concerned NLRC RAB last January 2011, sinasabi po ng RAB na hindi pa sila makaka-issue ng writ since wala pa po daw allegedly yong records of case namin sa kanila. With our insistence, follow-ups and pananakot na magsasampa kami ng administrative case, nalaman po namin na nareceive na pala yong records since July 2010 pa po. I think with some unscrupulous cohorts sa RAB, they are already trying to delay by then ang execution ng case namin. Tapos ito na naman po, hindi sila mag aattend ng pre-execution conference to again delay the issuance of writ of execution.