SECTION 17. DISCIPLINARY PROCEDURES:
The Master shall furnish the seafarer with the following disciplinary
procedure against an erring seafarer:
A. The master shall furnish the seafarer with a written notice containing
the following:
1. Grounds for the charges as listed in Section 31 of this Contract.
2. Date, time and place for a formal investigation of the charges against
the seafarer concerned.
B. The Master or his authorized representative shall conduct the
investigation or hearing, giving the seafarer the opportunity to explain or defend
himself against the charges. An entry on the investigation shall be entered into the
ships logbook.
C. If after the investigation or hearing, the Master is convinced that
imposition of a penalty is justified, the Master shall issue a written notice of
penalty and the reasons for it to the seafarer, which copies shall be furnished to
the Philippine Agent.
D. Dismissal for just cause may be effected by the master without
furnishing the seafarer with notice of dismissal if doing so will prejudice the
safety of the crew or the vessel. This information shall be entered in the ships
logbook. The Master shall send a complete report to the manning agency
substantiated by the witnesses, testimonies and any other documents in support
thereof.
In this case, there was no showing that Celtic complied with the foregoing
procedure, thus, casting a serious doubt on the validity of De Jesus discharge.
Likewise, neither the ships logbook nor the report sent to POMI as Celtics
manning agent was presented in the proceedings a quo to establish the breach
committed by De Jesus. The pieces of evidence submitted before the Labor Arbiter
in support of De Jesus discharge zeroed in on the alleged misrepresentation, which,
as mentioned, cannot be a valid basis for the denial of De Jesus claims.