Settled is the rule that in termination cases, the burden of proof rests upon
the employer to show that the dismissal is for a just and valid cause. The case of
the employer must stand or fall on its own merits and not on the weakness of the
employee's defense.[25] In this case, no convincing proof was offered to prove
POMIs allegation. All that we have is its self-serving assertion that De Jesus
violated his employment contract. There is no proof that the prescribed disciplinary
procedure was followed. We, therefore, agree with the Labor Arbiters finding that
POMI utterly failed to establish its claim of valid dismissal. Accordingly, the
NLRC and Court of Appeals erred in reversing the said finding.
It is clear from the records that De Jesus disembarked for a medical
reason. Hence, the cost of De Jesus repatriation should be borne by Celtic and
POMI, pursuant to the provisions of Section 20(B)(4) of the Standard Employment
Contract:
4. Upon sign-off of the seafarer from the vessel for medical treatment. The
employer shall bear the full cost of repatriation in the event the seafarer is
declared (1) fit for repatriation; or (2) fit to work but the employer is unable to
find employment for the seafarer on board his former vessel or another vessel of
the employer despite earnest efforts.
The cost of repatriation should not be deducted from De Jesus unpaid salaries of
US$911.00.
Likewise, records show that De Jesus immediately reported to POMI for
post-employment medical examination and treatment, but the latter adamantly
refused to extend him medical assistance. He was constrained to seek medical
attention from Bataan Doctors Hospital at his own expense. Celtic and POMI
should, therefore, reimburse De Jesus for his medical expenses.