G.R. No. 172038. April 14, 2008
Respondent Elite Shipping A.S. hired petitioner Dante D. de la Cruz as third engineer for the vessel M/S Arktis Morning through its local agency in the Philippines, co-respondent Maersk Filipinas Crewing Inc. The contract of employment was for a period of nine months, starting April 19, 1999, with a monthly basic salary of US$1,004.00 plus other benefits.
Chief engineer Norman Per Nielsen, twice in a logbook entry, expressed his dissatisfaction over petitioner’s performance. Due to this, petitioner is discharge according to CBA article 1 (7) where in several occasions, he is not qualified for the position as 3rd engineer onboard this vessel.
Petitioner thereafter filed a complaint for illegal dismissal with claims for the monetary equivalent of the unexpired portion of his contract, damages and attorney’s fees in the National Labor Relations Commission (NLRC).