Home›Bar Review›2009›Labor Law›Question III
Question III
III. Richie, a driver-mechanic, was recruited by Supreme Recruiters (SR) and its principal, Mideast Recruitment Agency (MRA), to work in Qatar for a period of two (2) years. However, soon after the contract was approved by POEA, MRA advised SR to forego Richie’s deployment because it had already hired another Filipino driver-mechanic, who had just completed his contract in Qatar. Aggrieved, Richie filed with the NLRC a complaint against SR and MRA for damages corresponding to his two years’ salary under the POEA-approved contract.
SR and MRA traversed Richie’s complaint, raising the following arguments:
The Labor Arbiter has no jurisdiction over the case; (2%)
Because Richie was not able to leave for Qatar, no employer-employee relationship was established between them; (2%) and
Even assuming that they are liable, their liability would, at most, be equivalent to Richie’s salary for only six (6) months, not two years. (3%).
Rule on the validity of the foregoing arguments with reasons.
Model answer · ALAC
Answer — Legal basis — Application — Conclusion.
AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.