Labor Woes and the NLRC -part 3-
NLRC Case No. NCR-06-05501-07
In this summary of our case against Gamepal International Corporation and the Members of its Board namely Eric Smith, Lars Lien, Kristine Rodrigo and Michelle Marin, the complainants would like to submit a copy of the Contract of Lease dated February 21, 2007 between Greenhills Properties Inc. and Gamepal International Corporation herein represented and signed for by Michelle Marin in her capacity as the company’s General Manager and company representative in the absence of Smith and Lien who were both out of the country when said contract was executed. In the said contract Complainant John Dale Bacar as a high ranking official but still an employee of the company of which Ms. Marin is a recognized incorporator is a witness.
This contract is only one of many signed for by Michelle Marin as the recognized GM of the company by Utility Providers and other such contacts of the company contrary to what she stated in her position paper dated 21 August 2007.
While Ms. Marin’s position was unofficially changed to Administrative Manager during the time when complainant Bacar was hired, and was asked to report to Bacar, Bacar was simply asked to audit her work along with other departments like Human Resources, IT and Quality Assurance as the role of Process Improvement entails. This was prompted by anomalous discrepancies in payroll and financial dealings of the company.
Also while it is true that Bacar took charge of the inventory of assets and preparation of the financial statement of the company to prepare it for closure, Bacar was simply helping out to ensure that legal steps of closure can be executed by the members of the board (for their own protection even) which is why he forwarded the said requirements to them as soon as they were completed.
Also, while Bacar was then willing to help out in the liquidation of the assets so all employees can be paid as stated in his conversation with Marin (attached), he relinquished the responsibility to the remaining Board as he was informed by the company’s legal counsel that they are the only ones that have the legal right to do so.
When this happened, Mr. Bacar and Daisy Bongais along with the company Lawyer tried coordinating with the two (Marin and Rodrigo) so that a Board resolution can be made to close the company, liquidate the assets to pay off all employees the severance pay required by law and finally re-open a company account to encash a refund check from Greenhills Properties.
Now, the goal of this case is simply to make sure that all hard work done by honest employees be given due credit and people who have the power to make things right, step up and do their jobs.
We do not intend to get Marin and Rodrigo in trouble but we do want them to realize that when they signed up as company incorporators, that it has certain responsibilities attached to it. One that cannot be neglected because their mother forbade them to do so; or because they are afraid to act; or they simply do not care.
We believe that the reason why it is legally required to have a 60% Filipino representation in such corporations is to make sure that Filipino employees do not get screwed up by foreign investors who can simply take off and leave the country. I do not think that it is acceptable to say that since the foreign heads have left the country, then it is futile to claim for what is rightfully for the employees even if the Filipino co-owners are here and are simply refusing to do the responsibility that they signed up for.
We have given attachments proving that the company has assets enough to cover all severance pay and all obligations with utilities and such. We have also given attachments proving that the defendants understood what they needed to do and attachments from the company’s legal counsel and other board member pleading for them to cooperate so the company can be shut down properly and all obligations be settled. We also have proof that Marin recognized that the company has assets which again is contrary to her claim in her position paper.
It is clear that the only reason for such claim is so that she cannot be prompted to do her DUTY along with Ms. Rodrigo. Duties that they both signed up for when they assumed the position and gave their share as company incorporators.
We pray that this Honorable office would recognize that this claim is intended not only for the rights of the named complainants but for all employees that have a right to get paid for by the company that closed down without warning. We also pray that this Honorable office does not allow the respondents to abandon their duties and claim untruths about the actual financial status of the company when they clearly know different.
For and on Behalf of All Complainants
John Dale Bacar