GR 238147; (September, 2021) (Digest)
G.R. No. 238147, September 29, 2021
ROGELIO H. JALIT, SR., Petitioner, vs. CARGO SAFEWAY INC., KAMIUMA KISEN COMPANY LIMITED, AND SHINME KISENSANGYO COMPANY LIMITED, Respondents.
FACTS
Petitioner Rogelio H. Jalit, Sr. was hired by respondent manning agency Cargo Safeway Inc. as Master of the vessel M/V Nord Setouchi. On May 14, 2012, he was notified of his replacement and ordered to disembark. The foreign principal, Shinme, via emails, explained the dismissal was due to a complaint from the charterer, D/S Norden, regarding a communication problem, specifically Jalit’s delayed response to a technical query sent on April 3, 2012, requesting information on vessel measurements. Jalit contended the delay was because he was attending to port authorities in Brindisi, Italy, at the time and had referred the query to Shinme. Respondents averred Jalit failed to follow instructions, had difficulty managing the ISM Code, and his failure to address queries caused operational setbacks, leading to a loss of trust and confidence. Jalit filed a complaint for illegal dismissal. The Labor Arbiter dismissed the complaint for lack of merit but awarded Jalit P30,000 in nominal damages for violation of procedural due process. The NLRC and the Court of Appeals affirmed the dismissal, upholding the finding of a just cause for termination based on loss of trust and confidence.
ISSUE
Whether the Court of Appeals committed an error in upholding the validity of petitioner’s dismissal based on loss of trust and confidence.
RULING
No. The Supreme Court denied the petition and affirmed the assailed Court of Appeals Decision and Resolution. The Court held that as a managerial employee, Jalit held a position of trust and confidence. His failure to promptly respond to the charterer’s critical technical queries, despite being the Master of the vessel directly responsible for such information, constituted willful breach of trust that endangered the business interests of the shipowner and charterer. The Court found the delay was not justified, as attending to port authorities did not prevent him from delegating the task or providing a timely response. The employer’s loss of confidence was based on an actual breach, not mere surmises. Therefore, the dismissal was for a just cause under Article 297(b) of the Labor Code. However, the Court affirmed the award of nominal damages for the employer’s failure to comply with the twin notice requirements of procedural due process prior to termination.