NLRC orders manning agency to pay Lumbuan US$13,000
(C/Engineer Orlando Lumbuan, immediately sought UFS'
help after he arrived from Fujairah as published in the November-December
1999 issue of this paper. He gave a copy of all documents pertaining to
his case to UFS president Nelson Ramirez.)
THE National Labor Relations Commission (NLRC) has ordered
a local manning agency to indemnify a marine engineer US$13,000 in back
wages and other monetary benefits.
In a four-page decision, NLRC ordered J-Phil Marine Inc.
to pay chief engineer Orlando Lumbuan three months’ unpaid salaries, 45
days differential, 11 days vacation leave, and four months earned bonus.
The manning agency was likewise directed to reimburse the cost of airfare
that Lumbuan paid after he was illegally repatriated. All in all, the amount
reached $13,000.
NLRC noted that there was a breach of the employment contract
after Lumbuan was unceromoniously dismissed on Aug. 14, 1999, from MT Monica
I and sent back to the Philippines without paying his accumulated benefits
and three months’ wages and without providing for his repatriation expenses.
After he arrived from Fujairah, the United Arab Emirates
(UAE), Lumbuan sought the help of the United Filipino Seafarers and asked
UFS Nelson P. Ramirez to “help me because I am a victim of a web of deception.”
Ramirez brought his case to the attention of the Philippine
Overseas Administration which referred the same to the NLRC. The UFS head,
who is also the executive editor of Tinig ng Marino published the plight
of Lumbuan in the November-December 1999 of the UFS newspaper.
The publication of Lumbuan’s story attracted sympathy
from fellow seafarers who condemned the local manning agency for violating
the terms of employment of the marine engineer.
In his complaint against J-Phil, Lum-buan narrated how
he was deceived into signing two sets of contracts stipulating different
types of benefits. After he complained to the shipowner in Fujairah, he
was harassed and later on dismissed.
The manning agency said during the hearing at the NLRC
that Lumbuan was dismissed after he incited other crew-members to strike.
As evidence, the manning agency presented a formal letter he wrote to the
ship superintendent about the crewmembers’ grievances.
In defense, however, Lumbuan claimed that he only did
that because he was the most senior and highest-ranking among the Filipino
crew.
Lumbuan, who brought the crew-members’ complaints to the
shipowners Akron Trade and Transport was even under suspicion that he was
colluding with the shipowners despite his genuine concern for his fellow
Filipino seafarers.
In the employment contract, he claimed to have signed
with J-Phil an employment contract stipulating a $2,000 monthly salary
and other benefits as chief engineer. He was to board a tanker ship MT
Juliet for one year. However, before he boarded the plane for his
port of destination, he was made to sign a second contract, this time with
Akron. In that second contract, it was stipulated that aside from the salary
a $1,000 additional bonus was added.
NLRC labor arbiter Potenciano Cani-zares Jr. concluded
that the agency breached the employment contract and failed to substantiate
the allegation of the complainant.
He said: “…the complainant was hired and deployed by them
and returned to the Philippines at his expense. We are of the opinion that
respondents breached the employment contract and failed to adduce evidence
thereof.”
Lumbuan has since been assisted by Ramirez to board another
vessel.
- Bam Cuartero |
