6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly In a Decision[29] dated November 29, 2011, the Labor Arbiter (LA) dismissed Avestruz’s complaint for lack of merit. The LA found that he failed to perform his duty of maintaining cleanliness in the galley, and that he also repeatedly failed to obey the directives of his superior, which was tantamount to insubordination.[30] In support of its finding, the LA cited the Collective Bargaining Agreement[31] (CBA) between the parties which considers the act of insulting a superior officer by words or deed as an act of insubordination.[32] Aggrieved, Avestruz appealed[33] to the NLRC. The NLRC Ruling In a Decision[34] dated April 26, 2012, the NLRC sustained the validity of Avestruz’s dismissal but found that petitioners failed to observe the procedures laid down in Section 17 of the POEA-SEC,[35] which states: SECTION 17. DISCIPLINARY PROCEDURES. The Master shall comply with the following disciplinary procedures 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 33 of this Contract or analogous act constituting the same. 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. These procedures must be duly documented and entered into the ship’s 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, with copies furnished to the Philippine agent. D. Dismissal for just cause may be effected by the Master without furnishing the seafarer with a notice of dismissal if there is a clear and existing danger to the safety of the crew or the vessel. The Master shall send a complete report to the manning agency substantiated by elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59563 3/13