Seaman awarded P1.3 million for illegal dismissal at NLRC

The National Labor Relations Commission in Tagbilaran City has awarded a total of P1,309,404 in damages and attorney's fees to a seaman from Dimiao town after the labor agency decided a complaint against a crewing agency. The case was for illegal dismissal, payment of salaries and other benefits corresponding to the remainder of the employment contract, damages and attorney's fees. The seaman, a licensed chief mate was identified as Oliver Magtajas . He was represented in the labor litigation by lawyer Isabelo Sales, Jr. of the Sales Law Office. The illegal dismissal case took place when he was ordered to proceed to the local manning agent office in Manila while the vessel M/V Genmar Constantine at Paulsboro, New Jersey, USA, was moored at Sabine, Texas, Fairway anchorage area. This came about even if his contract was for a period of nine months. He was hired in August 2005 but was ordered to leave the port of Bearmont in Texas on September 13, 2005.

While in Manila , the respondent Philippines Transmarine Carriers, Inc., ordered him to sign a Seaman's Request for Final Settlement, which, in effect terminated his services with vessel Genmar Constantine. Unknown to the complainant, he was made to believe that he was to be transferred to another vessel. A PTCI Exit Interview Report signed by a company official showed a remark that complainant was assigned to the next vessel. It turned out that the purported transfer was never carried out. Instead, the complainant was asked to sign a release paper absolving the company of any obligations. Complainant did not sign the release paper. His employment was terminated. and releasing PTCI and all its officers from any action

In his complaint, Magtajas averred that his illegal termination caused him a total loss of earnings and other benefits in the amount of PUS$20,673.91. In its defense, respondent contended that within the first few days of employment complainant was already found “generally deficient in his work”. In a report made by the vessel's Master to the shipowner's crewing department, it was portrayed that complainant does not know anything about procedures, requirement and logbook entries; that his knowledge in computer is below average; that as navigator officer he is still in charts corrections; that complainant is willing, but there is no time to learn on board normal routine deck practice, navigation, tanker practice and computers.

In a rejoinder, complainant belied the allegation that he was generally deficient in his work. He further countered that respondent rehired him as 2nd officer of Genmar Constantine after he was hired as 2nd officer of its sister ship Genmar Argas. Respondent would not have rehired him if he did not live up to standard of work expected of his position. In deciding the case, labor arbiter Fructuoso Villarin IV ruled that the NLRC need not belabor the lack of due process. The evidence showed that not only was complainant not informed of the reason or reasons for his dismissal, he was misled to believe that his repatriation to the Phils. was because he was to be transferred to another vessel.

After weighing all the evidences at hand, the labor arbiter found the respondent held liable for its full obligation under the contract, specifically, the salaries equivalent to the unfinished period thereof. The NLRC further found the respondent liable for moral and exemplary damages. In unjustly terminating the complainant, the respondent was ordered to pay jointly and severally the amount of US$7,808.00 or its peso equivalent of P390,400 representing the salary for the unfinished period of the contract; moral damages in the amount of P500,000; exemplary damages in the amount of P300,000 and attorney's fees equivalent to 10% of the total award.

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