Amjad Parkar Saudi Gazette JEDDAH — A Filipino community leader who has been incarcerated at Shumaisy deportation center despite having a pending labor case against his former employer is unable to leave custody because there is an unspecified legal case against him, according to his lawyer. Edgardo Mendoza claimed his ex-employer Samir Photographic Supplies Ltd. (SPS) unfairly dismissed him based on an alleged verbal order from the Ministry of Interior to deport him in connection with a case he was implicated in last year. This case was related to a community function he had organized that was initially reported as a beauty pageant, even though it was later proved that it was an innocent family event also attended by children. Despite a subsequent investigation clearing him, SPS told Mendoza he had to leave the country and during a labor court hearing into the dispute at the beginning of this month he said he was forced by the company muaqeb and two alleged policemen in plain clothes to get into the latter's car before he was eventually driven to the deportation center, where he currently remains. The Filipino's lawyer, Fahad Mohammad Barayan, said his client was unable to attend the latest labor court hearing into the dispute on Sunday because the Passports Department claimed there was still a case against him: “[The Passports Department officials] refused to give us any details. “But at the hearing at the labor office we were told that if I and the Philippine Consulate should speak officially to the Passports Department to request a copy of the prosecution against Edgar we can at least respond to the case.” The lawyer said obtaining a copy of this unspecified case against the Filipino was an important part of the process of securing his release from the deportation center and enabling him to attend the next labor hearing, scheduled for Jan. 27. Barayan also said Sunday's hearing focused on ensuring Mendoza had received his end of service benefits, which the lawyer confirmed had already been issued. There was, however, little focus given to the unfair dismissal claim against SPS, he said. However, Barayan also claimed the company has given its consent, which was recorded by the labor office, to let Mendoza transfer his sponsorship once his release had been secured. He said there was little doubt his client had not been given enough support by his former employers. “When Samir Group carried out their termination, it was, as they claimed, because the government had jammed their systems so they couldn't renew the iqamas of the other 600 employees. “According to Edgar, the HR manager said in Arabic to his colleague (in front of Mendoza, who could understand Arabic) that we should sacrifice Edgar in order to save the company. “Every HR manager will think the same thing because they do this to serve the company. “But what I am not saying is that this is the correct course of action. “There is always a way out of this and by sacrificing one employee to save others, it doesn't make sense.” Mendoza, speaking to Saudi Gazette from the deportation center, said: “The Jawazat (Passports Department) detaining me at the deportation center without me knowing exactly the charges against me is very unfair. “I have been here for almost 4 weeks now and my condition is giving me so much pain, most especially to my family.” Mendoza said it was possible the unspecified case the Passports Department was referring to was when he ran away from one of the department's offices as he was first being processed for deportation in July, around the time when he was first told by SPS that he would have to leave the Kingdom. He said he accepted that he did leave the office to get help from the Philippine Consulate, but only because he was allegedly forced to go to the office by the company and also because he wanted justice. The Filipino said he was “frustrated” that he was not allowed to attend the Sunday hearing. “I was even telling them to handcuff me again and put chains on my feet just to allow me to attend my hearing so that I can squarely defend myself, but to no avail.” The Philippine Department of Foreign Affairs as well as the office of the Philippine Vice President is aware of the case, said Mendoza. In an internal email sent to its employees that was seen by Saudi Gazette in response to an initial report on Mendoza's case, SPS maintained the Passports Department ordered the company to hand over the Filipino's passport to them so it could be stamped with a final exit visa. SPS also claimed the Philippine Consulate did not consult them over the issue and that it maintained a policy of treating its employees fairly, but that they had to “abide 100% by the country (sic) rules and instructions, whether verbally or written, when it comes from the official authorities being Interior Ministry or Labor or Jawazat or any other entity.”
