6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly As the petitioners neither complied with the twin notice-rule nor offered any just or authorized cause for his termination under the Labor Code, the CA held that Arriola's dismissal was illegal. Accordingly, it pronounced that Arriola was entitled to his salary for the unexpired portion of his contract which is three (3) months and three (3) weeks salary. It, however, decreased the award of backpay to Arriola because the NLRC made a wrong calculation. Based on his employment contract, the backpay of Arriola should only be computed on a 40-hour per week workload, or in the amount of CA$19,200.00. The CA disposed the case in this wise: WHEREFORE, in view of the foregoing premises, the petition is PARTIALLY GRANTED. The assailed Order of the National Labor Relations Commission in NLRC LAC No. 08-000572-10/NLRC Case No. NCR 09-13563-09 is MODIFIED in that private respondent is only entitled to a monetary judgment equivalent to his unpaid salaries in the amount of CA$19,200.00 or its Philippine Peso equivalent. SO ORDERED.[21] Hence, this petition, anchored on the following ISSUES I WHETHER OR NOT RESPONDENT ARRIOLA WAS VALIDLY DISMISSED PURSUANT TO THE EMPLOYMENT CONTRACT. II GRANTING THAT THERE WAS ILLEGAL DISMISSAL IN THE CASE AT BAR, WHETHER OR NOT THE SIX-WEEK ON, TWO-WEEK OFF SCHEDULE SHOULD BE USED IN THE COMPUTATION OF ANY MONETARY AWARD. III GRANTING THAT THERE WAS ILLEGAL DISMISSAL, WHETHER OR NOT THE AMOUNT BEING CLAIMED BY RESPONDENTS HAD ALREADY BEEN SATISFIED, OR AT THE VERY LEAST, WHETHER OR NOT THE AMOUNT OF CA$2,636.80 SHOULD BE DEDUCTED FROM THE MONETARY AWARD.[22] The petitioners argue that the rights and obligations of the OFW, the local recruiter, and the foreign employer are governed by the employment contract, citing EDIStaffbuilders; that the terms and conditions of Arriola's employment are embodied in the Expatriate Policy, Ambatovy Project - Site, Long Term, hence, the laws of Canada must be applied; that the ESA, or the Ontario labor law, does not require any ground for the early termination of employment and it permits the termination without any notice provided that a severance pay is given; that the ESA was duly authenticated by elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61749 5/16