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Question III

2018 Bar · Labor Law · 3 sub-questions

III. Due to his employer's dire financial situation, Nicanor was prevailed upon by his employer to voluntarily resign. In exchange, he demanded payment of salary differentials, 13th month pay, and financial assistance, as promised by his employer. Management promised to pay him as soon as it is able to pay off all was attack. retrenched able His to rank-and-file widow, pay Nicanor Norie, employees. the filed amount a money Five promised claim years against to later, him, and the Nicanor company before died management before the National Labor Relations Commission (NLRC), including interest on the amount of the unpaid claim. She also claimed additional damages arguing that the supposed resignation letter was obtained from her spouse through undue pressure and influence. The employer filed a motion to dismiss on the ground that
(a)(A) the NLRC did not have jurisdiction over money claims, and (8) the action has prescribed. (a) Does the NLRC have jurisdiction to award money claims including interest on the amount unpaid? (2.5%)
(b)(b) Assuming that the NLRC has jurisdiction, has the action prescribed? (2.5%)
(c)(c) May Nicanor's spouse successfully claim additional damages as a result of the alleged undue pressure and influence? (2.5%)

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