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Attorney's Fee in Labor Case

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1 Attorney's Fee in Labor Case on Fri Apr 08, 2011 10:50 pm

rtchong


Arresto Menor
Need advice po.

We were terminated by our employer effective 01 Sep 2006 due to retrenchement allegedly due to business losses. Nag file po kami sa RAB ng NLRC for illegal dismissal with prayer for backwages, reinstatement, moral and exemplary damages and attorney's fee, which the labor arbiter dismissed due to lack of merit. But awarded us separation pay of 1 month for every year of service plus nominal damage of P10,000 each due to non-observance of due process (notice to DOLE).

Nag appeal po kami sa NLRC (QC) and the NLRC first division reversed the labor arbiter decision. The employer were ordered to pay us full backwages and reinstatement. Pero yong claim for moral and exemplary damages were removed. Hindi na po nabanggit yong award ng attorney's fee and we were not able to file motion for reconsideration for that matter (damages and attorney's fee). Instead yong employer po namin ang nag file ng MR which was denied by NLRC.

Nag file po ng petition for certiorari with prayer for a TRO ang employer namin. TRO denied. Recently (24 Feb 2011) nag decide na po ang CA affirming the NLRC decision.

The employer files motion for reconsideration sa CA. We have yet to officially receive the copy of CA decision. Mas nauna po yata makareceive ng decision yong abogado ng employer namin kasi Manila based lawyer yon, samatalang kami ay nasa probinsya lang.

We have consulted our lawyer, ang sabi po nya ay di na kami pwede mag partial MR sa CA regarding the attorney's fee kasi daw po kelangan sa NLRC pa lang ay nag appeal / MR na kami about doon. Tama po ba yon?

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2 Re: Attorney's Fee in Labor Case on Fri Apr 08, 2011 11:39 pm

attyLLL


moderator
i agree with your lawyer for 2 reasons. your appeal will only delay your execution and he is right that you should have appealed it. with the tro denied, just enjoy your victory and get your money now.


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3 Re: Attorney's Fee in Labor Case on Fri Apr 08, 2011 11:44 pm

rtchong


Arresto Menor
Salamat po Atty.. sana po marami pa kayong mabigyan ng mga legal advices...May God bless you

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4 Re: Attorney's Fee in Labor Case on Thu Apr 21, 2011 12:14 am

Jhoy123


Arresto Menor
Hi atty.

magtatanong lang po

Sa employer ko po kasi noon 6 months ago, I worked there almost 2 years without any benefits except sss.. tatlo lang po kaming employee dun, sinasabi ng employer namin na kaya daw wala kaming benefits kasi 3 lang kaming empleyado at non profit ung association nila. just in case po ba may mahahabol po kami dun kahit na 6 months na kaong resign sa kanila? thanks

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5 Re: Attorney's Fee in Labor Case on Thu Apr 21, 2011 12:29 am

attyLLL


moderator
you mean your philhealth premiums of of P100 a month?


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6 Re: Attorney's Fee in Labor Case on Thu Apr 21, 2011 12:31 am

Jhoy123


Arresto Menor
wala po atty..

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7 Re: Attorney's Fee in Labor Case on Thu Apr 21, 2011 9:14 am

attyLLL


moderator
you can file a money claim at dole or at the nlrc.


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