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Illegal Dismissal Case: Skippers United

1. Gervacio Rosaroso was hired as a Third Engineer for a foreign shipping company through a recruitment agency for a one year contract. However, he was ordered to disembark and return to the Philippines after only one month. 2. Rosaroso filed a complaint for illegal dismissal and monetary claims. The company claimed he was dismissed for just cause based on a Chief Engineer's report. 3. The Supreme Court ruled that the dismissal was illegal because the company did not prove just cause with substantial evidence. The Chief Engineer's report was uncorroborated and based on hearsay. 4. Rosaroso was entitled to reimbursement of placement fees, interest, and salaries for

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Daphnie Cuasay
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186 views1 page

Illegal Dismissal Case: Skippers United

1. Gervacio Rosaroso was hired as a Third Engineer for a foreign shipping company through a recruitment agency for a one year contract. However, he was ordered to disembark and return to the Philippines after only one month. 2. Rosaroso filed a complaint for illegal dismissal and monetary claims. The company claimed he was dismissed for just cause based on a Chief Engineer's report. 3. The Supreme Court ruled that the dismissal was illegal because the company did not prove just cause with substantial evidence. The Chief Engineer's report was uncorroborated and based on hearsay. 4. Rosaroso was entitled to reimbursement of placement fees, interest, and salaries for

Uploaded by

Daphnie Cuasay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

SKIPPERS UNITED PACIFIC vs NLRC

Ponente: J. Austria-Martinez

Facts:

Private respondent Gervacio Rosaroso was signed up as a Third Engineer with Nicolakis
Shipping, a foreign firm, through Skippers United Pacific, its recruitment agency. The term of
the contract was for 1 year. However, barely a month after boarding the vessel M/V Gent on
July 15, 1997, respondent was ordered to disembark on August 7, 1997, and repatriated to the
Philippines.

Thus, the respondent filed a complaint for illegal dismissal and monetary claims against
the petitioner. Petitioner contended that the respondent was dismissed for just cause in lieu of
the Chief Engineer’s Report which specified that he is irresponsible, carefree in discharging
his duties, he’s lack of discipline and diligence.

Issues:
1. WON the respondent was validly dismissed.
2. WON the respondent is entitled to the award of salaries for the unexpired portion of his
employment contract.

Ruling:

1. NO.
The rule in labor cases is that the employer has the burden of proving that the dismissal
was for a just cause; failure to show this would necessarily mean that the dismissal was
unjustified and, therefore, illegal.
In this case, the petitioner was not able to prove by substantial evidence that the
respondent was dismissed for a just cause. It only relied upon the Chief Engineer’s Report,
which according to the Court, cannot be given any weight of credibility because it is
uncorroborated and base purely on hearsay.

2. YES.
In case of termination of overseas employment without just, valid or authorized cause,
the worker shall be entitled to the full reimbursement of his placement fee with interest of
12% per annum, plus his salaries for the unexpired portion of his employment contract.
The Court also emphasized that the award of salaries for the unexpired portion of his
employment contract is not an award of backwages or separation pay, but a form of indemnity
for the worker who was illegally dismissed.

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