G.R. No. 167614 : March 24, 2009
Serrano was hired by Gallant Maritime under a POEA approved Contract of Employment. In 1998, on the date of his departure, petitioner was constrained to accept a downgraded employment contract for the position of Second Officer, upon the assurance and representation of respondents that he would be made Chief Officer by the end of April 1998.
Respondents did not deliver on their promise to make petitioner Chief Officer. Hence, petitioner refused to stay on as Second Officer and was repatriated. He had served only two (2) months and seven (7) days of his contract, leaving an unexpired portion of nine (9) months and twenty-three (23) days.
Petitioner filed a Complaint with the Labor Arbiter (LA) against respondents for constructive dismissal and for payment of his money claims.