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which the latter immediately complied.[11] On the very same day, Captain Woodward
informed Avestruz that he would be dismissed from service and be disembarked in
India. On July 3, 2011, Avestruz was disembarked in Colombo, Sri Lanka and arrived in
the Philippines on July 4, 2011.[12]
Subsequently, he filed a complaint[13] for illegal dismissal, payment for the unexpired
portion of his contract, damages, and attorney’s fees against Maersk, A.P. Moller, and
Jesus Agbayani (Agbayani), an officer[14] of Maersk.[15] He alleged that no
investigation or hearing was conducted nor was he given the chance to defend himself
before he was dismissed, and that Captain Woodward failed to observe the provisions
under Section 17 of the Philippine Overseas Employment Administration (POEA)
Standard Employment Contract (POEA-SEC) on disciplinary procedures. Also, he
averred that he was not given any notice stating the ground for his dismissal.[16]
Additionally, he claimed that the cost of his airfare in the amount of US$606.15 was
deducted from his wages.[17] Furthermore, Avestruz prayed for the award of the
following amounts: (a) US$5,372.00 representing his basic wages, guaranteed
overtime, and vacation leave; (b) on board allowance of US$1,936.00; (c) ship
maintenance bonus of US$292.00; (d) hardship allowance of US$8,760.00; (e)
P300,000.00 as moral damages, (f) P200,000.00 as exemplary damages; and (g)
attorney’s fees of ten percent (10%) of the total monetary award.[18]
In their defense,[19] Maersk, A.P. Moller, and Agbayani (petitioners) claimed that during
his stint on the vessel, Avestruz failed to attend to his tasks, specifically to maintain the
cleanliness of the galley, which prompted Captain Woodward to issue weekly reminders.
[20] Unfortunately, despite the reminders, Avestruz still failed to perform his duties
properly.[21] On June 22, 2011, when again asked to comply with the aforesaid duty,
Avestruz became angry and snapped, retorting that he did not have time to do all the
tasks required of him. As a result, Captain Woodward initiated disciplinary proceedings
and informed Avestruz during the hearing of the offenses he committed, i.e., his
repeated failure to follow directives pertaining to his duty to maintain the cleanliness of
the galley, as well as his act of insulting an officer.[22] Thereafter, he was informed of
his dismissal from service due to insubordination.[23] Relative thereto, Captain
Woodward sent two (2) electronic mail messages[24] (e-mails) to Maersk explaining the
decision to terminate Avestruz’s employment and requesting for Avestruz’s
replacement. Avestruz was discharged from the vessel and arrived in the Philippines on
July 4, 2011.[25]
Petitioners maintained that Avestruz was dismissed for a just and valid cause and is,
therefore, not entitled to recover his salary for the unexpired portion of his contract.[26]
They likewise claimed that they were justified in deducting his airfare from his salary,
and that the latter was not entitled to moral and exemplary damages and attorney’s
fees.[27] Hence, they prayed that the complaint be dismissed for lack of merit.[28]
The LA Ruling
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59563
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