Philippine Shipping Updates – Manning Industry [Download]
Dismissal for drug abuse held illegal as evidence questionable
By: Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., May 13, 2004
Dismissal for drug abuse held illegal as evidence questionable
Seafarer was terminated for “drug abuse”. Vessel relied on an unannounced drug test held on board the vessel on October 8, 2002 which found seafarer with “marijuana”.
The NLRC ruled the dismissal illegal for the following reasons:
1. The test result of seafarer dated October 8, 2002 had no signature and the doctors names were just printed. Thus, the drug test result is questionable and cannot be considered substantial proof that the seafarer violated the “no alcohol, no drug” policy.
2. The message of the master to the shipowner dated November 14, 2002, suggested that another drug test be done on seafarer at the next port of call for final findings. This suggest that the master himself was in doubt of the test result of October 8, 2002.
3. The Sea Going Staff Appraisal Report which covered the period August 1, 2002 to November 28, 2002 which included the period of the unannounced drug test showed seafarer to have a score of 96% with no mention of the drug test result.
4. The seafarer was not repatriated until December 29, 2002 or almost three months after the alleged offense.
As the cause of seafarer’s dismissal was not proven, the dismissal is held illegal.
NLRC NCR CA No. 038888-03 (NLRC NCR OFW Case No. (M)-12-3137-00), January 19, 2004
Log book extracts plus officers' statements validate legality of dismissal
Seafarer was hired as AB but was repatriated after only three months on board the vessel. He was alleged to have had disruptive behaviors during his time on board the vessel by challenging to a fistfight the Chief Engineer, verbally abused the Chief Officer, deliberately steered the vessel 10 degrees to starboard and then 10 degrees to port several times and left his post without being relieved. He filed a complaint for illegal dismissal. The NLRC ruled the dismissal is legal for the following reasons:
1. Seafarer’s demeanor and actions were recorded in the logbook and such logbook extracts were presented in evidence.
2. To corroborate the logbook extracts, statements of the Chief Engineer and the Master were also submitted.
3. Due process need not be observed as seafarer’s actions jeopardize the welfare and safety of the crew and the vessel.
The dismissal was held as legal.
NLRC NCR CA NO. 035186-03, NLRC NCR (M) 01-07-1416-00, April 20, 2004
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