OT AFTER 105/HOURS : US$3.22
LEAVE PAY : US$107.20
PORFERIO L. CIUDADANO
BASIC MO. SALARY : US$451.00
FIXED OVERTIME PAY : US$135.30
OT AFTER 105/HOURS : US$2.71
LEAVE PAY : US$90.20
On or about 24 June 1998, complainants boarded the vessel
MV Hanjin Vancouver; however, less than one (1) month from their arrival
on board said vessel, the vessel’s Master reported both complainants’
incompetence and the Owners in a telex message dated 21 July 1998 informed
herein respondent Skippers United Pacific, Inc. of the urgent need to replace both
Maguad and Ciudadano for their incompetence and enormous difficulties
produced thereof to the work on board.
On or about 29 July 1998, both complainants were repatriated
from Pusan, Korea with herein respondent advancing their repatriation costs.[9]
Consequently, upon repatriation, respondents filed a Complaint for Illegal
Dismissal on 14 August 1998 before the Arbitration Branch of the NLRC with
prayer for payment of salaries for the unexpired portion of their contract, moral
and exemplary damages, and attorney’s fees. The Labor Arbiter issued a
Decision[10] on 20 September 1999 finding respondents to have been illegally
dismissed. The dispositive portion of which reads, thus;
WHEREFORE, premises considered, judgment is hereby rendered
declaring that complainants [herein respondents] have indeed been illegally
dismissed from their employment. Accordingly, respondents [herein petitioners]
are hereby directed to pay [herein respondents] their respective three (3) months’
salaries, as follows:
(a) For Jerry P. Maguad – US$5,808.00
(b) Porferio L. Ciudadano – US$3,990.00
On appeal by petitioners, the NLRC en banc in its Resolution[11] dated 31
May 2001, remanded the case to the Arbitration Branch of origin for immediate
further proceedings for failure of the Labor Arbiter to appreciate material evidence