LEAVE PAY : US$214.00
OVERSEAS ALLOWANCE : US$126.00
OT (AFTER 105/HRS) : US$6.61
PORFERIO L. CIUDADANO
BASIC MO. SALARY : US$609.00
FIXED OVERTIME : US$453.00 (105 hrs)
LEAVE PAY : US$142.00
OVERSEAS ALLOWANCE : US$126.00
OT (AFTER 105/HRS) : US$4.40
x x x x
On or about June 14, 1998, complainants joined [their] vessel of
assignment at the port of Korea to work thereon in accordance with the aforesaid
contract of employment. Thereafter, [they] performed their official functions and
duties diligently and efficiently.
However, on July 29, 1998 at the port of Osaka, Japan, [they were]
unceremoniously discharged from the aforesaid vessel and immediately
repatriated to Manila without being given any notice of the reason for their
discharge and without giving [them] an opportunity to be heard. Despite earnest
demands, respondents unjustifiably failed and refused to pay complainants’
unexpired portion of [their] contract.[8]
Petitioners, on the other hand, contended that they could not be held liable
for illegal dismissal because the respondents were dismissed for cause, that is, for
incompetence. The petitioners, in their Position Paper before the NLRC, averred,
among other things, that:
On
or
about
8
June
1998,
complainants
[herein
respondents] Maguad and Ciudadano were both contracted by respondent [herein
petitioner] Skippers United Pacific, Inc. (for and in behalf of its principal,
J.P. Samartzsis Maritime Enterprises Co. S.A.) to serve as 4thEngineer and Bosun,
respectively for the vessel MV “Hanjin Vancouver” for a contract period of nine
(9) months plus or minus one (1) month by mutual consent for the following
salaries:
JERRY P. MAGUAD
BASIC MO. SALARY : US$536.00
FIXED OVERTIME PAY : US$160.80