THIRD DIVISION [G.R. No. 128395. December 29, 1998] STOLT-NIELSEN MARINE SERVICES, INC., petitioner vs. NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER MANUEL R. CADAY and RENATO SIOJO, respondent. DECISION ROMERO, J.: Before us is a special civil action for certiorari filed by the petitioner seeking to annul the decision of the labor arbiter and the resolution of the National Labor Relations Commission (NLRC) (Third Division, Quezon City) finding that petitioner illegally dismissed private respondent Renato Siojo from his employment. The labor arbiter ordered petitioner to pay Siojo the unexpired portion of his contract equivalent to three months salaries and attorneys fees. On appeal, the NLRC affirmed the decision of the labor arbiter and later dismissed petitioners motion for reconsideration. The relevant facts are as follows: Sometime in January 1994, private respondent Renato Siojo was hired as a Second Officer of Stolt Falcon, a vessel of petitioner Stolt-Nielsen Marine Services, Inc., for a period of nine months with a basic salary of US$1,024.00. He boarded the vessel on February 22, 1994, and immediately commenced to discharge his duties and responsibilities as Second Officer. After working for just two months, however, he was sent home and it was only upon his arrival in Manila that he learned of the reason for his termination. For its part, petitioner claimed that after a month on board the Stolt Falcon, Siojo started committing acts of gross insubordination towards his superiors by refusing to communicate with them with regard to navigation, safety, and cargo. He also allegedly failed to acknowledge or relay to the relieving personnel/officer any bride night order and wilfully refused to take part in cargo operations. Furthermore, on at least three occasions, he refused to wear his safety hat during mooring and unmooring, in violation of the companys safety procedures. It was also alleged that Siojo refused to follow instructions given by the Chief Officer regarding cargo operations and did not read the Cargo Safety Data Sheets, such that , on one occasion, he blew the lines against a closed shore connection valve resulting in the spillage of 100 litters of cargo into the deck air compressor tank. Thus, on March 28, 1994, Siojo was summoned to explain his attitude to the master of the vessel. He, however, allegedly became very agitated and rude, stating that he should not be made to sign any statement. Convinced that Siojos acts of insubordination and hostile attitude were prejudicial to the safety and operations of the vessel, and finding that he failed to perform his duty as deck officer as confirmed by his unsatisfactory ratings, his superiors recommended his discharge.