GR 81087; (June, 1991) (Digest)
G.R. No. 81087 ; June 19, 1991
INTERTROD MARITIME, INC. and TROODOS SHIPPING CO., petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and ERNESTO DE LA CRUZ, respondents.
FACTS
Private respondent Ernesto de la Cruz was hired as Third Engineer for a 12-month period. While the vessel was in Greece, he requested relief from duty for a personal reason—to assist a hospitalized Filipino crewmate. The ship’s Master approved the request but emphasized that, per their employment contract, de la Cruz must give a 30-day notice and shoulder his own repatriation expenses. The vessel subsequently sailed to Egypt.
Four days after his initial request, while in Port Said, Egypt, the Master signed off de la Cruz, paid his wages minus $780 for repatriation costs, and discharged him. De la Cruz protested, claiming that since he was not allowed to disembark immediately in Greece, the reason for his request had lapsed, and his subsequent discharge in Egypt constituted illegal dismissal. He filed a complaint for breach of contract.
ISSUE
Whether or not private respondent Ernesto de la Cruz was illegally dismissed.
RULING
The Supreme Court ruled that there was no illegal dismissal. The Court emphasized that a POEA-approved contract is the law between the parties, provided it is not contrary to law or public policy. The contract explicitly required an employee seeking premature termination to give a 30-day notice and pay for his own repatriation. The Master’s approval of the request for relief was not a waiver of these conditions; it was an acceptance of the resignation subject to those contractual terms.
The Court rejected the NLRC’s finding that the failure to disembark de la Cruz in Greece nullified his resignation. Resignation is a voluntary act, and once tendered and accepted, it cannot be unilaterally withdrawn without the employer’s consent. The contract also granted the Master the discretion to determine the practicable port for signing off. Therefore, de la Cruz’s discharge in Egypt, in compliance with the contract’s terms after his voluntary request, was valid. The NLRC decision was reversed, and the original POEA decision dismissing the complaint was reinstated.