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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
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