NAGA CITY – The sub-regional arbitration office of the National Labor Relations Commission (NLRC) based in this city has ordered a maritime school here to pay its employee the total sum of P647,262.12 representing back wages and separation pay after he was illegally dismissed about two years ago.

        OIC Labor Arbiter Rolando Bobis also ordered respondent Mariner’s Polytechnic Colleges Foundation, represented by its president, Marilisa Jimenez Ampuan, to pay Attorney’s fees corresponding to 10% of the total amount due the complainant.

        Records of the case show that sometime on June 29, 2004, an administrative complaint for sexual harassment was filed against John Buendia who was then department head of BS Marine Engineering of the maritime school.

        Subsequently on June 3, 2005, Buendia received a copy of a resolution by the Mariner’s Polytechnic Colleges’ investigating committee recommending for his dismissal.

        Upon receipt by Buendia of such resolution, MPCF president Ampuan “right then and there ordered [Buendia] to vacate and turn-over all the school property under his custody to the administration”. The humiliating incident occurred in the presence of students and co-employees, the resolution noted.

        Bobis in his 7-page decision found that respondent MPCF failed to show the manner and under what circumstances Buendia allegedly was found to have committed the charge of sexual harassment. “Not a single document or evidence on this score has ever been presented,” the decision.

        Besides, it was found that complainant Buendia was not given due process when he was unceremoniously ordered to vacate his office.

        Wherefore, Bobis ordered MPCF to reinstate Buendia within 10 days upon receipt of the decision.

        But should reinstatement be no longer feasible at the option of complainant due to strained relations, Buendia may instead accept payment of separation pay computed from the date of his employment in February 1999 up to the finality of the decision on his complaint.

        Further, payment of back wages, inclusive of allowances and other benefits, should be computed from date of complainant’s dismissal on June 3, 2005 up to the time of his actual reinstatement or payment of separation pay.