DMW to file negligence case vs employer of OFW Jenny Alvarado

The Department of Migrant Workers (DMW) said Sunday it will proceed with the filing of a negligence case against the employer of Jenny Alvarado, the Overseas Filipino Worker (OFW) who died in Kuwait supposedly due to coal smoke inhalation.

DMW Secretary Hans Cacdac said that they are still waiting for the results of the autopsy of Alvarado’s remains, but regardless of the results, he assured the bereaved family that the agency will file a case against her employer for negligence.

“We will also go ahead and file a case for negligence doon sa employer kasi nga ‘yung care and safety ni Jenny at mga kasamahan niya ay tinitignan natin at pinag-aaralan na rin ng abogado natin towards the filing of a case against the employer,” Cacdac said in a Super Radyo dzBB interview.

(We will also go ahead and file a case for negligence against the employer because we are concerned about the care and safety of Jenny and her colleagues. Our lawyer is studying the case to be filed against the employer.)

“Whatever the result of the autopsy are, we will move ahead with the case for negligence doon sa employer. Pangangatawanan natin, pananagutan ng employer ‘yung responsibilidad niya for the care and safety ng kanyang mga empleyado, mga kasambahay under his or her care,” he added.

(Whatever the result of the autopsy is, we will move ahead with the case for negligence against the employer. We will stand by this and the employer will face his responsibility for the care and safety of his employees and staff under his or her care.)

Alvarado reportedly died of coal smoke inhalation on January 2, along with her Nepalese and Sri Lankan co-workers in their workplace in Kuwait.

A wrong cadaver was initially repatriated to the Philippines on January 10, which turned Alvarado’s family’s grief into anger. The correct remains were brought home almost a week after the incident.

The mix-up has raised concerns among Alvarado’s family about whether Kuwaiti authorities properly investigated the circumstances surrounding Jenny’s death.

With this, Cacdac said the DMW is been considering filing a case against the courier or service provider allegedly responsible for mishandling the repatriation of the OFW’s remains.

The DMW head also said that the grieving family is requesting to expediate the release of the results of the autopsy being conducted by the National Bureau of Investigation (NBI).

“Nangyari nga ang autopsiya noong Biyernes. Halos buong araw ito. Pagtapos, sabi nung mga medico legal ng NBI, ay kailangan pa nila ng kaukulang panahon kasi they took some tissue samples so pag-aaralan pa raw sa laboratory. So, antabayanan na lang natin ang resulta ng autopsy ng NBI,” Cacdac said.

(The autopsy was conducted on Friday. It took almost the whole day. After that, the medico legal of the NBI asked for some time to release results because they took some tissue samples that have to be studied in a laboratory. So, let's just wait for the results of the NBI autopsy.)

Following Alvarado’s death and that of another OFW, Dafnie Nacalaban, the DMW said it is considering banning the deployment of OFWs to Kuwait.

Nacalaban, who was reported missing by her second employer in October, was later found dead in the residence of a Kuwaiti individual. —RF, GMA Integrated News