A real estate developer has asked the Supreme Court (SC) to reconsider its decision awarding more than P60 million in salaries and damages to a foreign national after winning an eight-year-old labor case.

In a motion filed with the High Court’s Third Division, Eulalio Ganzon of E. Ganzon Inc. (EGI) sought to reverse its September 18, 2009 decision favoring Australian Andrew James McBurnie.

In May 1999, McBurnie signed a five-year employment contract as executive vice president of EGI. Among his responsibilities was to oversee the general management of the company’s hotels and resorts within the Philippines, supervise the present and future constructions of its hotel and resort properties, and review the operational performance of the hotels and make recommendations to improve profitability, efficiency, and reputation.

However, on November 1, 2009, McBurnie featured in an accident that fractured his skull and necessitated his confinement at the Makati Medical Center. While recuperating from his injuries in Australia, he was informed by Ganzon that his services were no longer needed since the project had been permanently discontinued.

This prompted him to file a complaint for illegal dismissal against EGI on October 4, 2002. In his complaint, McBurnie sought payment of his salary and benefits for the unexpired term of the contract, damages and attorney’s fees. (Edmer F. Panesa)