The members of the Bacolod City Water District (BACIWA) board are seeking advice from their lawyer after the Civil Service Commission (CSC) in Western Visayas ordered the reinstatement of 60 terminated employees.
The members of the board, in a statement, said they received the copy of the CSC decision Thursday, August 26, that ordered the reinstatement of the sacked employees and to pay their back wages.
It also granted BACIWA 15 days from receipt to file either a motion for reconsideration or a petition for review with the CSC Manila Office, wherein the execution of the decision would then be held in abeyance pending resolution of the case.
“BACIWA will refer this issue to its lawyer, the Office of the Government Corporate Counsel (OGCC) for advice and appropriate action,” the statement said.
The CSC resolution came eight months after the positions of the 60 workers were declared redundant by the BACIWA board after its joint venture agreement (JVA) with PrimeWater Infrastructure Corp. (PrimeWater), which is owned by the Villar family.
PrimeWater took over the operations of BACIWA in November 2020, and the 60 employees were separated from the utility firm effective December 31.
The sacked employees were given options to either re-apply with PrimeWater or to avail of the early retirement package, which they refused.
Of the 60 terminated employees, nine later took the early retirement package while one of them was a casual worker, BACIWA acting general manager Michael Soliva said.
The CSC order stressed that there is a strong indication that the reorganization was motivated not for the interest of economy and efficiency, but as a mere subterfuge to circumvent the workers’ right to security of tenure.
It also stressed that BACIWA has “failed to show adequate and convincing proof” that the reduction of workforce and the termination of the workers’ employment are necessary.*