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Mcburnie vs. Ganzon
Mcburnie vs. Ganzon
Mcburnie vs. Ganzon
TOPIC: ALIEN EMPLOYMENT REGULATION EXCLUSION In all cases, the reduction of the appeal bond shall be justified
by meritorious grounds and accompanied by the posting of the
FACTS required appeal bond in a reasonable amount.
On Oct. 4, 2002, Mr. Andrew McBurnie, an Australian national, In addition to the apparent merit of the respondents’ appeal,
instituted a complaint for illegal dismissal with monetary claims the Court finds the reduction of the appeal bond justified by the
against the respondents. substantial amount of the LA’s monetary award. Given its
considerable amount, we find reason in the respondents’ claim
Mr. Andrew claimed that on May 11, 1999, he signed a 5- that to require an appeal bond in such amount could only
year employment agreement with EGI as an Executive VP deprive them of the right to appeal, even force them out of
who shall oversee the management of EGI’s hotels and business and affect the livelihood of their employees.
resorts in the Philippines.
As regards the requirement on the posting of a bond in a
He performed work until Nov. 1999 when he figured in an "reasonable amount," the SC held that the final determination
thereof by the NLRC shall be based primarily on the merits of
accident that compelled him to go back to Australia while
recovering from his injuries. the motion and the main appeal.
DISPOSITIVE
OTHER NOTES
(d) The NLRC retains its authority and duty to resolve the
motion to reduce bond and determine the final amount of
bond that shall be posted by the appellant, still in
accordance with the standards of meritorious grounds and
reasonable amount; and
(e) In the event that the NLRC denies the motion to reduce
bond, or requires a bond that exceeds the amount of the
provisional bond, the appellant shall be given a fresh
period of ten (10) days from notice of the NLRC order
within which to perfect the appeal by posting the required
appeal bond.