6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly with three (3) stitches.[16] After two (2) months, or on July 5, 2010, NYK-FIL terminated Madridejos' services through its foreign principal.[17] The notice of termination[18] read: TO: MR. MARIO MADRIDEJOS, #324 D/CHEF DE PARTIE MAIN GALLEY FROM:HERBERT DOPPLER, HOTEL DIRECTOR VICTOR CONCEICAO, FOOD AND BEVERAGE MANAGER CC: CAPTAIN ICMA, OSLO VICE CAPTAIN EXECUTIVE CHEF/CREW ACCOUNTANT DATE: JULY 5, 2010 RE: TERMINATION OF CONTRACT WITH INTERNATIONAL CRUISE SERVICES LIMITED We regret to inform you that we have made the decision to discontinue your employment agreement. Hence, this letter serves as a formal, written termination of your contract with [International Cruise Services, Limited]. With reference to Item No. 7 in your "Employment Agreement", which states, "...First time EMPLOYEES shall be subject to a probationary period of three (3) months following commencement of service during which this AGREEMENT can be terminated by either party without cause at any time upon fourteen (14) days prior written notice", you are hereby given immediate notice effective today, Monday, July 5, 2010, which falls within the parameters outlined in your contract. Your salary will be paid accordingly through and including July 18, 2010. Your sign off will take place in Istanbul, Turkey, on Monday, July 5, 2010. A flight ticket has been arranged to your home airport in Manila, Philippines, and the company will shoulder your repatriation expenses.[19] Madridejos was repatriated to the Philippines on July 6, 2010.[20] Madridejos insisted that he did not finish his employment contract with NYK-FIL due to his unwanted health condition.[21] "Not being at fault. . . for the pre-termination of his employment contract, [he] made demands upon [NYK-FIL] ... to pay his disability benefits."[22] Madridejos also averred that after his medical procedure in Spire Southampton Hospital, he was advised to be sent back to the Philippines "for further evaluation and treatment."[23] In support, he attached the letter of Dr. James P. Byrne (Dr. Byrne), the doctor who excised his cyst in Spire Southampton Hospital. The letter read: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63066 2/25

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