Republic of the Philippines

DEPARTMENT OF LABOR and EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION

Quezon City

National Capital Region

RONALD RABEJE NICOLAS,

Complainant,

-versus- NLRC CASE No. NCR-11-14335-14

Labor Arbiter: GUTIERREZ, JONALYN M.

ARIES WATER PROOFING AND ALLIED

SERVICES/EXPEDITO SANTOS,

Respondents.

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REPLY

Complainant, assisted by the Public Attorney’s Office, through the

undersigned Public Attorney and unto this Honourable Court, respectfully

states that:

1. Respondent Individual would like to impress this Honorable Court that

during the SENA as well as during the Preliminary Mandatory

Conferences, he asked Complainant to return to work. To be clear,

Respondent individual during the SENA offered a settlement of

P5,000.00 without asking Complainant to return to work and even

during the Conference before this Honorable Office, Respondent

Individual offered P10,000.00 without asking Complainant to return to

work;

2. Respondent Individual sent a return to work letter, a very informal

hand written letter to Complainant after the submission of the Position

Paper. This is very evident that that the return to work notice was just

an afterthought and was designed to evade liability under the law;

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3. Respondent mentioned about the payroll padding, this was

unsubstantiated and is not the issue in this case. If indeed Complainant

was involved in such alleged payroll padding before this case was filed,

Respondent individual should have issued a memo against

Complainant and should have dismissed him;

4. Respondent individual would like to impress this Honorable Court that

Complainant tried to delay work at Gerry’s Grill Sta Mesa. For the

information of this Honorable Office, Complainant never delayed any of

his work. In fact Gerry’s Grill Sta Mesa is a huge place and cannot be

finished for a week with only two (2) workers assigned;

5. Respondent individual even tried to tell before this Honorable Office

that he did the back job of the work at Gerry’s Grill Sta Mesa, when in

truth and in fact it was Complainant who did the back job because he

was concerned about the work he started. And it should be noted, that

Respondent Individual does not know anything about the work of

Complainant.

P R A Y E R

WHEREFORE, it is most respectfully prayed unto this

Honorable Office that the judgment be rendered declaring the

dismissal of the herein complainant as ILLEGAL and ordering

the respondents to PAY the above money claims to the

complainant.

Other reliefs just and equitable under the premises are

likewise most respectfully prayed for.

Manila for Quezon City, 11 February 2015.

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Department of JusticePUBLIC ATTORNEY'S OFFICE

Manila District Office4th Floor Godino Building

350 A. Villegas St., Ermita, ManilaTel No. 400-9755

By:

Atty. DYANNE O. JOAQUINIBP NO. 957914, January 5, 2015

Roll of Attorney No. 59347Email Add: attydyannejoaquin@gmail.com

MCLE Compliance No. IV – 0011639

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