Dear PAO,
I have a question about the mandatory conciliation and mediation conference set by a labor arbiter. My sister Jenny received a notice to attend this conference, but she was not able to attend it. The notice included two scheduled conferences; she plans to attend the second one. Are there any consequences for missing the first conference?
Gemmalyn
Dear Gemmalyn,
Mandatory conciliation and mediation conferences are set for the purpose of amicably settling the case through fair compromise, determining the real parties in interest and necessity of amending the complaint and including all causes of action, defining and simplifying issues, entering into admissions or stipulations of facts, and threshing out all other preliminary matters. (Section 8, Rule V of the 2011 National Labor Relations Commission (NLRC) Rules of Procedure, as amended)
Such mandatory conciliation and mediation conference shall be presided personally by the labor arbitrator and he or she shall take full control of the proceedings. In areas where there is no labor arbiter assigned, it may be conducted by a labor arbitration associate or any other NLRC personnel with sufficient training and knowledge on conciliation and mediation, authorized by the Chairperson or a duly authorized personnel of the Department of Labor and Employment pursuant to any Memorandum of Agreement executed for this purpose. (Ibid., as amended by NLRC En Banc Resolution 05-14 dated March 11, 2014)
In the situation you mentioned, the consequences or effects of non-appearance during the first conference will depend if your sister is a complainant or respondent in the case. If she is the complainant, the effect is stated in Section 10, par. 1 of Rule V of the NLRC Rules of Procedure, viz.:
“SECTION 10. NON-APPEARANCE OF PARTIES. – The non-appearance of the complainant or petitioner during the two (2) settings for mandatory conciliation and mediation conference scheduled in the summons, despite due notice thereof, shall be a ground for the dismissal of the case without prejudice. Where by motion, proper justification is shown to warrant the re-opening of the case, the Labor Arbiter shall call a second hearing and continue the proceedings until the case is finally decided. Dismissal of the case for the second time due to the unjustified non-appearance of the complainant or petitioner who was duly notified thereof shall be with prejudice.” (As amended by NLRC En Banc Resolution 06-16, Series of 2016)
On the other hand, if she is the respondent, the effect is stated in Section 10, par. 2 of the said Rules, viz.:
“In case of non-appearance by the respondent during the first scheduled conference, the second conference as scheduled in the summons shall proceed. If the respondent still fails to appear at the second conference despite being duly served with summons, he/she shall be considered to have waived his/her right to file position paper. The Labor Arbiter shall immediately terminate the mandatory conciliation and mediation conference and direct the complainant or petitioner to file a verified position paper and submit evidence in support of his/her causes of action and thereupon render his/her decision on the basis of the evidence on record.”
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
