6/7/2020
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pertinently holding:
With the finding that complainant was illegally dismissed from employment,
he is entitled to payment of his salaries of the remaining ten (10) months
unexpired portion of his employment contract in the total amount of twentytwo thousand and three hundred US dollars (US22,300.00) basic monthly
salary, allowances and leave pay x 10 months plus attorneys fees equivalent
to ten percent (10%) thereof.
All other claims are hereby denied for lack of sufficient factual and legal
basis.
SO ORDERED.[7]
The LA ratiocinated that:
Settled is the rule that in termination cases, the burden of proving that the
dismissal of the employee was for a valid and authorized cause roots on the
employer. It is incumbent upon the employer to show by substantial
evidence that the termination of the employment of the employees was
validly made and failure to discharge that duty would mean that the
dismissal is not justified and therefore illegal (Fernando P De Guzman versus
NLRC, December 12, 2007).
In the instant case, complainant seafarer was deployed as Third Mate by
virtue of a contract entered into by the parties on August 26, 2009. But after
the sale of the vessel SAMARIA by the principal owner, on October 25, 2009,
there is illegal termination because there is no showing that he was
transferred or re-engaged to another vessel named PLATINUM as promised
by the respondents as they are governed by employment contract for nine
(9) months plus three (3) months with the consent of both parties.
Notwithstanding this is in violation to Section 23 on the Standard Terms and
Conditions Governing the Employment of Filipino Seafarers on Board Ocean
Going Vessels, regarding termination due to vessel sale, buy up or
discontinuance of voyage, to wit:
Where the vessel is sold, laid up, or the voyage is discontinued
necessitating the termination of employment before the date
indicated in the Contract, the seafarer shall be entitled to earned
wages, repatriation at employer's cost and one (1) month basic
wage as termination pay, unless arrangements have been made
for the seafarer to join another vessel belonging to the same
principal to complete his contract which case the seafarer shall be
entitled to basic wages until the date of joining the other vessel.
Anent the Compromise Agreement with quitclaim and Release (Annex "4"
Respondent's Position Paper), this Office noted that it pertains clearly to a
final settlement of claims relative to the complaint of both parties against
one another for recruitment violation/disciplinary action.
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