Dear Sen. Chiz,
Greetings to you sir....
Below is a video I made showing how the Clerk of Court of the First Division Supreme Court of the Philippines burdened upon her own self the weight which should be borne by the three honorable judges of the First Division of the Supreme Court. I do not know how these honorable magistrates would react if they would know that the lady clerk of court usurped the authority solely vested in them by law. Only the judges can determine and evaluate with presumed competence and meticulous diligence
the merits of my petition. I have allegations of gross error in law supported by facts and hard evidence, like the non payment of separation pay and deception machinations of Shell to make it appear that giving me my retirement pay plus commutation payment of unused vacation leaves ,that already constitute the separation pay provided for by law. But I have reiterated that separation pay and termination pay are two distinct obligations of Shell to me. I am being an employee who is retiring is entitled to my retirement pay and I, an employee being removed from employment is entitled to separation pay.
I have allegations of violation of the security of tenure provision in our CBA, to wit: "Tasrea acknowledges the right of the company to contract out work . However, no employee shall suffer loss of employment on account of contracted work." When I was terminated, there are a lot of our jobs that are being contracted out and in fact Shell even hired additional personnel to run the Bitumen Import Facility. This I believe gross violation of our CBA and being so, it is illegal for Shell to terminate my employment.
Likewise, I have allegations of human rights violation. First, right to due process . It can be remembered that I file a petition for maximum salary rate adjustment to the Process Manager and he promised to tackle the matter in the LMC meeting, which they never did, inspite of my persistent follow-ups. Shell deliberately denied my right to due process.
Second, is the fact that Shell imposed upon my person the worst humiliation in my life when Shell through his puppet supervisors rank me the poorest work performer which I have shown to be fraudulently false on account of the performance bonus that Shell gave me despite the fact that there quite number of employees who did not given the same. The act of Shell of doing ranking and rating me fraudulently, annihilated me as a person, ruined my dignity and reputation.
I have shown proof of the labor arbiter wrongdoings. I said, in her effort to remove from her jurisdiction my petition for salary rate adjustment, she wrote my petition was already at the LMC acting as Grievance Committe and this was written in the April 05, 2002 LMC minutes and therefore I should have follow it up in the Grievance Committee and not to her. This is a blatant lie with malice intent because I wrote the petition July 15, 2002 and the Process Manager received it on July 16, 2002. How can my petition be discussed on April 05, 2002 LMC meeting when I just made it on July 15, 2002? The arbiter is caught red handed, she should at least be reprimanded if not disbarred. But what did the NLRC and the Court of Appeals do? Both august bodies swallowed the labor arbiter's malicious fraud; hook, sinker and line.
In addition to the labor arbiter's malfeasance, she with malicious intent to portray that if I RETIRE normally I will be indebted heavily to the Company citing figures from the column pertaining to RESIGNATION . She should have written that if I RESIGN I will be indebted to the Company. But the fact is , I am not RESIGNING but RETIRING in the option of the company and therefore I shall be receiving the same amount already given to me.
And there are still voluminous of other pertinent informations for evaluation and consideration that lie beyond and over the capacity of the lady clerk of court that she might not know or, maybe it is her own willful ignorance.
Sincerely,
Antonio L. Buensuceso
Greetings to you sir....
Below is a video I made showing how the Clerk of Court of the First Division Supreme Court of the Philippines burdened upon her own self the weight which should be borne by the three honorable judges of the First Division of the Supreme Court. I do not know how these honorable magistrates would react if they would know that the lady clerk of court usurped the authority solely vested in them by law. Only the judges can determine and evaluate with presumed competence and meticulous diligence
the merits of my petition. I have allegations of gross error in law supported by facts and hard evidence, like the non payment of separation pay and deception machinations of Shell to make it appear that giving me my retirement pay plus commutation payment of unused vacation leaves ,that already constitute the separation pay provided for by law. But I have reiterated that separation pay and termination pay are two distinct obligations of Shell to me. I am being an employee who is retiring is entitled to my retirement pay and I, an employee being removed from employment is entitled to separation pay.
I have allegations of violation of the security of tenure provision in our CBA, to wit: "Tasrea acknowledges the right of the company to contract out work . However, no employee shall suffer loss of employment on account of contracted work." When I was terminated, there are a lot of our jobs that are being contracted out and in fact Shell even hired additional personnel to run the Bitumen Import Facility. This I believe gross violation of our CBA and being so, it is illegal for Shell to terminate my employment.
Likewise, I have allegations of human rights violation. First, right to due process . It can be remembered that I file a petition for maximum salary rate adjustment to the Process Manager and he promised to tackle the matter in the LMC meeting, which they never did, inspite of my persistent follow-ups. Shell deliberately denied my right to due process.
Second, is the fact that Shell imposed upon my person the worst humiliation in my life when Shell through his puppet supervisors rank me the poorest work performer which I have shown to be fraudulently false on account of the performance bonus that Shell gave me despite the fact that there quite number of employees who did not given the same. The act of Shell of doing ranking and rating me fraudulently, annihilated me as a person, ruined my dignity and reputation.
I have shown proof of the labor arbiter wrongdoings. I said, in her effort to remove from her jurisdiction my petition for salary rate adjustment, she wrote my petition was already at the LMC acting as Grievance Committe and this was written in the April 05, 2002 LMC minutes and therefore I should have follow it up in the Grievance Committee and not to her. This is a blatant lie with malice intent because I wrote the petition July 15, 2002 and the Process Manager received it on July 16, 2002. How can my petition be discussed on April 05, 2002 LMC meeting when I just made it on July 15, 2002? The arbiter is caught red handed, she should at least be reprimanded if not disbarred. But what did the NLRC and the Court of Appeals do? Both august bodies swallowed the labor arbiter's malicious fraud; hook, sinker and line.
In addition to the labor arbiter's malfeasance, she with malicious intent to portray that if I RETIRE normally I will be indebted heavily to the Company citing figures from the column pertaining to RESIGNATION . She should have written that if I RESIGN I will be indebted to the Company. But the fact is , I am not RESIGNING but RETIRING in the option of the company and therefore I shall be receiving the same amount already given to me.
And there are still voluminous of other pertinent informations for evaluation and consideration that lie beyond and over the capacity of the lady clerk of court that she might not know or, maybe it is her own willful ignorance.
Sincerely,
Antonio L. Buensuceso
