THIRD DIVISION [G.R. No. 113911. January 23, 1998] VINTA MARITIME CO., INC. and ELKANO SHIP MANAGEMENT, INC., petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and LEONIDES C. BASCONCILLO, respondents. DECISION PANGANIBAN, J.: To justify an employees dismissal, the employer has the burden of proving the presence of just cause and due process. An illegally dismissed worker whose employment is for a fixed period is entitled to payment of his salaries corresponding to the unexpired portion of his contract. The Case These rules of long standing are invoked by the Court in resolving this special civil action for certiorari under Rule 65 of the Rules of Court seeking the reversal of the Decision dated September 13, 1993 and the Resolution dated November 23, 1993 of the National Labor Relations Commission in NLRC CA No. 000309 [POEA Case No. (M) 87-05-327]. On April 20, 1987, Leonides C. Basconcillo, herein private respondent, filed a complainti[1] with the Philippine Overseas Employment Administration (POEA) Workers Assistance and Adjudication Office for illegal dismissal against Vinta Maritime Co., Inc. and Elkano Ship Management, Inc., herein petitioners. In their answer, ii[2] petitioners alleged that private respondent was dismissed for his gross negligence and incompetent performance as chief engineer of the M/V Boracay, as exemplified by the following recorded incidents: 3.1.a. During a maneuver of the Vessel, [private respondent] closed off the operating air valve to the bridge control system despite the large sign on the valve itself-DO NOT CLOSE. 3.1.b. During a standby period, there was a loss of the main sea water pressure because the suction strainer was blocked by ice. [Private respondents] failure to change over the sea suctions resulted in the overheating of the main engine and the auxiliaries, which forced the Vessel to stop. 3.1.c. In another instance, complainant assured that the fuel situation of the Vessel was in order. But when the fuel figures were verified, it was discovered that there were only five (5) tons of fuel left before the next bunkering, leaving thus, no margin for safety.