By respondent’s claim, he became depressed due to the frequent verbal
abuse he received from his German superiors within less than one month that he
was on board the vessel. Aside from a “To whom it may concern” handwritten
letter of respondent13[13] attached to his Position Paper filed before the arbiter
detailing the alleged instances of verbal abuse, which letter bears the alleged
signatures of some of respondent’s colleagues, respondent failed to proffer
concrete proof that, if indeed he was subjected to abuse, it directly resulted in his
depression.
WHEREFORE, the petition is GRANTED. The Court of Appeals Decision
dated September 30, 2009 and the Resolution dated December 17, 2009 are
REVERSED AND SET ASIDE and the National Labor Relations Commission
Decision dated January 31, 2008 and Resolution dated April 25, 2008 dismissing
respondent’s complaint are REINSTATED.
SO ORDERED.
CONCHITA CARPIO MORALES
Associate Justice
13 [13] NLRC records, p. 61.