Horn Complainant Position Paper 1
Horn Complainant Position Paper 1
TONY B. HORN,
Complainant,
POSITION PAPER
Complainant, through counsel and unto this Honorable Office most
respectfully submits this Position Paper, thus:
THE PARTIES
Complainant is an American, of legal age, married and a resident of
Sapang Biabas, Mabalacat, Pampanga, where he may be served with the
processes of this Honorable office.
STATEMENT OF FACTS/CASE
Initially, the complainant was hired for a Monday through Friday work
schedule. When employed by OPSEC INTERNATIONAL GROUP INC., Mr. Horn
entered an agreement that he would work daily schedule Monday through Friday
between the hours of 8:00 am to 12:00 noon (four hours per day, twenty hours
per week). His salary was to be $500.00 per month or $5.77 (Five Dollars and
Seventy Seven five cents) per regular work hour and $8.66 (Eight Dollars and
sixty six cents) per hour of overtime. From September 15, 2006 to January 1,
2008 Mr. Horn worked a total of Sixty Eight (68) weeks and averaged 46 hours of
overtime per week. Beginning January 1, 2008 the company decided to give Mr.
Horn a pay increase to $1200.00 per month which would result in a regular
hourly rate of $13.85 (Thirteen Dollars and Eighty Five Cents) per hour and an
increase in overtime wage to $22.50 (Twenty Two Dollars and Fifty Cents) per
hour of overtime worked. He was told that the pay raise was due to the fact that
all foreign employees got benefits such as rent, utilities, food allowance and all
expenses paid. Mr. Horn had worked for the company over a year and a half and
had never utilized company funds entrusted to him for any such benefits,
therefore they gave him a raise in pay for his prudence and trustworthiness.
During the period of January 1 2008 to October 13, 2008 Mr. Horn worked Forty
(40) work weeks and averaged 46 hours of overtime per week. Also, Mr. Horn
was not paid at all for services rendered in the Month of October 2008 in which
he had worked nearly two weeks.
Although Mr. Horn was a permanent employee, he, like all OPSEC
employees, never received any benefits afforded him by the Philippine Law, to
include, retirement, health insurance, holiday pay, vacation pay or 13 month pay.
Approximately two weeks after Mr. Haynes illegally dismissed Mr. Horn,
Mr. Haynes called Mr. Horn and asked if he had company backup files and if Mr.
Horn could come and reinstall the lost files on the OPSEC administration
computers due to the fact that they had lost all company data and needed help.
Mr. Horn and another former OPSEC former admin employee, Neal Cortez,
graciously returned and gave the backup files to Miss Ann, the new
administration officer hired in the place of Mr. Horn, and asked the new office
staff if there were any questions that they could help them with and the new
office personnel had no further questions. MR. Horn and Mr. Cortez were only
admitted into the compound under an armed guard status in which the armed
guard had continual surveillance on them for the duration of the visit, from
entrance to exit.
During his employment with OPSEC INTERNATIONAL GROUP INC. Mr.
Horn was never reprimanded for his work performance whether by verbal or
written statement and was illegally dismissed by Mr. Norman Haynes.
ISSUES
WHETHER OR NOT THE COMPLAINANT WAS
ILLEGALLY DISMISSED FROM EMPLOYMENT
DISCUSSION/ARGUMENTS
We respectfully submit that the respondents are liable for illegal dismissal,
for dismissing herein Complainant without due process of law. It is a basic
requirement that before an employee could be dismissed by an employer, he
should first be accorded due process. Furthermore, said employee should only
be dismissed for just cause or after it is proven in a formal investigation
participated in by the employee concerned, that the accusation is true and that
he is guilty thereof.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed from this
Honorable Office that judgment be rendered in favor of the Complainant with the
following terms:
Other reliefs just and equitable under the circumstances also prayed for.
BY:
SYLVIA Q. ALFONSO-FLORES
IBP No. 731468 (01-05-09)
PTR No. 6350969 (01-05-09)
City of San Fernando, Pampanga
ROLL NO. 35857
MCLE Compliance No. 0002470
VERIFICATION
3. That all the allegations therein contained are true and correct to the
best of our knowledge;
TONY B. HORN
Affiant