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FIRST DIVISION
[ G.R. No. 239390, June 03, 2019 ]
BRIGHT MARITIME CORPORATION AND/OR NORBULK SHIPPING
UK LIMITED, PETITIONERS, VS. JERRY J. RACELA, RESPONDENT.
DECISION
GESMUNDO, J.:
Before us is an appeal from the February 15, 2018 Decision[1] and the May 9, 2018
Resolution[2] of the Court of Appeals (CA) in CA-G.R. SP No. 148879 reversing and
setting aside the September 28, 2016 Decision[3] and October 27, 2016 Resolution[4]
of the National Labor Relations Commission (NLRC) Fifth Division. The CA reinstated
the Labor Arbiter's (LA) Decision,[5] dated April 19, 2016, which awarded total and
permanent disability benefits and attorney's fees to respondent.
Antecedents
On March 21, 2013, Jerry J. Racela (respondent) was hired by petitioner Bright
Maritime Corporation, a local manning agency, to work as fitter on board the vessel
owned by its foreign principal, Norbulk Shipping UK Limited (petitioner). The
employment contract contained the following terms and conditions:
Duration of
Contract
:
8 months + 1 month upon mutual agreement of
both parties
Basic Monthly
Salary
: US$600.00
Hours of Work
: 44 hours per week
Overtime
:
US$311.00 (OT 85 hours per month) US$4.39
excess of OT Rate
Vacation Leave
: US$194.00 per month
Pay
Point of Hire
: Manila, Philippines
Supplementary
: US$595.00 per month[6]
Wage
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