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Question XIV

2018 Bar · Labor Law · 2 sub-questions

XIV. Nelson complained before the DOLE Regional Office about Needy Corporation's failure to pay his wage increase amounting to PhPS,000.00 as mandated in a Wage Order issued by the Regional Tripartite Wages and Productivity Board. Consequently, Nelson asked the DOLE to immediately issue an Order sustaining his money claim. To his surprise, he received a notice from the DOLE to appear before the Regional Director for purposes of conciliating the dispute between him and Needy Corporation. When conciliation before the Regional Director failed, the latter proceeded to direct both parties to submit their respective position papers in relation to the dispute. Needy Corporation argued, that since Nelson was willing to settle for 75% of his money claim during conciliation proceedings, only a maximum of 75% of the said money claim may be awarded to him.
(a)(a) Was DOLE's action to conduct mandatory conciliation in light of Nelson's complaint valid? (2.5%)
(b)(b) Should the Regional Director sustain Needy Corporation's argument? (2.5%)

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