Davao court orders KMU-led picketing workers of Japanese firm to remove barricade

From the Philippine News Agency (Jul 4): Davao court orders KMU-led picketing workers of Japanese firm to remove barricade
 

The Regional Trial Court (RTC) Branch 10 here has issued a writ of preliminary injunction against the Kilusang Mayo Uno (KMU)-led group protesting and barricading the business address of Davao Nakashin International. Inc., ordering protesters to stop blocking the company’s entrance and exit points.

“Let a writ of preliminary injunction issue to restrain the defendant from obstructing or blocking or in any manner interfering the free and unhampered ingress and egress of plaintiff’s (Nakashin) premises,” Judge Retrina E. Fuentes said in her order dated June 22 but which was received by Nakashin on June 27.

The court also ordered the protesters to remove “the barricades and other materials used in preventing the employees and the management, including the public from going in and out of the company premises and refrain or desist from any and all acts of violence, coercion, intimidation and other unlawful acts.”

However, the order is dependent on the filing of a Php 200,000 bond by Nakashin to answer for whatever damages the defendants may suffer if it turns out that the company is not entitled to the injunctive relief prayed for.

A few weeks prior to the issuance of the injunction, Nakasin, which engaged in the export of frozen fruits in Japan, Europe and other countries, has already shut down its business and is in the process of formally filing company closure with the Labor Department.

“We could resume operations immediately despite the injunction because we have already lost 100 percent of our client because of our failure to deliver the orders as a result of the protest,” Nakashin President Keisuke Nakao told Mirror in an interview.

Nakao said it was no longer the season to process volume orders of mango for their intended market so opening the business would be useless for now.

“We need to assess our cash flow and check if we can still salvage our inventory at cold storage and if we can still get a new market,” he said.

Nakashin is also faced with an ongoing case filed against them by their foreign customers as they are being required to pay a violation fee for failure to deliver on the agreed contract.

Nakao said the company has lost Php 140 million after the KMU and the agency workers staged a barricade since May 26.

Nakashin has several regular workers who are holding technical and important positions in the company but has contracted two agencies namely Workstation and DBS Advance Concept, with almost 300 workers for certain work requirements.

However, the company did not renew its contract with the said agencies after their workers complained of salary delays and other related complaints. Nakashin has contracted a new agency on the condition that it would absorb the workers of the previous agencies so they would not lose their jobs.

While 240 of these workers have continued to work for Nakashin under the new agency, there were 75 workers who pressured the new agency to retain them and their tenure or years of service with the previous agency.

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