Dear PAO,
What is the remedy if a labor arbiter renders an unfavorable decision on my complaint?
Ben
What is the remedy if a labor arbiter renders an unfavorable decision on my complaint?
Ben
Dear Ben,
You may appeal the unfavorable decision of the labor arbiter to the National Labor Relations Commission (NLRC) within 10 calendar days from the time that you received a copy thereof. If the 10th day falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following such Saturday, Sunday or holiday (Rule VI, Section 1, 2011 NLRC Rules of Procedure). Your appeal, however, may be entertained only on the following grounds: if there is prima facie evidence of abuse of discretion on the part of the labor arbiter; if the decision, award or order was secured through fraud or coercion, including graft and corruption; if made purely on questions of law; and/or if serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant (Rule VI, Section 2, 2011 NLRC Rules of Procedure).
You may appeal the unfavorable decision of the labor arbiter to the National Labor Relations Commission (NLRC) within 10 calendar days from the time that you received a copy thereof. If the 10th day falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following such Saturday, Sunday or holiday (Rule VI, Section 1, 2011 NLRC Rules of Procedure). Your appeal, however, may be entertained only on the following grounds: if there is prima facie evidence of abuse of discretion on the part of the labor arbiter; if the decision, award or order was secured through fraud or coercion, including graft and corruption; if made purely on questions of law; and/or if serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant (Rule VI, Section 2, 2011 NLRC Rules of Procedure).
If any of the aforementioned grounds are present, you may file your appeal with the Regional Arbitration Branch, which had heard and decided your complaint. Your appeal shall be verified and made in the form of a memorandum of appeal, which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the decision that you are appealing. It shall also be accompanied by proof of payment of the required appeal fee and legal research fee and proof of service upon the other parties. The appellee, on the other hand, will be given 10 calendar days from receipt of your memorandum of appeal, to file his answer or reply thereto (Rule VI, Section 2, 2011 NLRC Rules of Procedure).
After the perfection of the appeal, the case will be transmitted to the commission, which will render a decision, taking into consideration the points raised by both parties. The decision of the NLRC shall become final and executory after 10 calendar days from receipt thereof by the counsel or authorized representative or the parties if not assisted by counsel or representative (Rule VII, Section 14, 2011 NLRC Rules of Procedure).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
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