guiding principle in illegal dismissal

Settled is the rule that in termination cases, the burden of proof rests upon the employer to show that the dismissal is for a just and valid cause. The case of the employer must stand or fall on its own merits and not on the weakness of the employee's defense. 

(pcl shipping philippines, inc. and u-ming marine transport corporation versus national labor relations commission and steve rusel, g.r. no. 153031, december 14, 2006)

case on illegal dismissal

an example of a case for illegal dismissal is nfd international manning agents and a/s vulcanus oslo versus national labor relations commission, jose i. ilagan, jr. and constantino co, g.r. no. 165389, october 17, 2008. the court said, 

The minimum requirement of due process in termination proceedings, which must be complied with even with respect to seamen on board a vessel, consists of notice to the employees intended to be dismissed and the grant to them of an opportunity to present their own side on the alleged offense or misconduct, which led to the management’s decision to terminate. To meet the requirements of due process, the employer must furnish the worker sought to be dismissed with two written notices before termination of employment can be legally effected, i.e., (1) a notice which apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the subsequent notice after due hearing which informs the employee of the employers' decision to dismiss him.

(you can find complete text of the case on the supreme court website, lawphil or chanrobles).

illegal dismissal

photo is not mine! photo is not mine! photo is not mine!

i posted the picture because it reminds me of a particular movie -- one which involved a cruise ship sinking because of watchers who were not paying attention to their jobs. supposed the ship did not sink there and then, could the captain immediately dismiss the watchers or terminate their employment?

no.

Section 17 of the Revised Standard Employment Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels supplies the disciplinary procedure against an erring seafarer:

SECTION 17. DISCIPLINARY PROCEDURES:

A. The master shall furnish the seafarer with a written notice containing the following:

The Master shall furnish the seafarer with the following disciplinary procedure against an erring seafarer:

1. Grounds for the charges as listed in Section 31 of this Contract.

2. Date, time and place for a formal investigation of the charges against the seafarer concerned.

B. The Master or his authorized representative shall conduct the investigation or hearing, giving the seafarer the opportunity to explain or defend himself against the charges. An entry on the investigation shall be entered into the ship’s logbook.

C. If after the investigation or hearing, the Master is convinced that imposition of a penalty is justified, the Master shall issue a written notice of penalty and the reasons for it to the seafarer, which copies shall be furnished to the Philippine Agent.

D. Dismissal for just cause may be effected by the master without furnishing the seafarer with notice of dismissal if doing so will prejudice the safety of the crew or the vessel. This information shall be entered in the ship’s logbook. The Master shall send a complete report to the manning agency substantiated by the witnesses, testimonies and any other documents in support thereof.

the above procedure is, in essence, what you call due process. a similar provision is also found in our labor code.