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CASE DIGESTS
In addition to the EDI case:
EDI STAFFBUILDERS INTERNATIONAL INC. v.
ELEAZAR GRAN
Facts:
1. Echin was hired by ATCI Overseas Corporation in behalf of
its co-principal Ministry of Public Health Kuwait, Saudi
Arabia as Medical Technologist under a two-year contract
denominated as a Memorandum of Agreement (MOA) with
a monthly salary of 1,200.00 USD.
2. Under the MOA, the newly hired employees undergo a
probationary period of one year and are covered by
Kuwaits Civil Service Board Employment.
3. However, Echin was terminated prior to her one year
anniversary with the company as she allegedly did not
pass the probationary period.
4. Echin asked for reconsideration but was denied and
returned to the Philippines shouldering her own fare then
filed a complaint for illegal dismissal.
5. The Labor Arbiter ruled that Echin was illegally dismissed
as petitioners neither showed that there was just cause to
warrant dismissal nor showed that Echin failed to qualify as
a regular employee. Thus, the Labor Arbiter ordered
petitioners to pay 3,600.00 USD representing her salary for
the three months unexpired portion of her contract.
6. The ATCI and Ikdal appealed before NLRC but the latter
affirmed the decision of the Labor Arbiter and consequently
denied the Motion for Reconsideration filed by the
petitioners.
7. The petitioner filed a petition before the Court of Appeals
contending that their principal is a foreign government
agency and, thus, immune from suit and such immunity is
extended to them. Furthermore, petitioners contend that