Lina has been working as a steward with a Miami, U.S.A.-based
Loyal Cruise Lines for the past 15 years. She was recruited by a local manning agency, Macapagal Shipping, and was made to sign a 10-month employment contract everytime she left for Miami. Macapagal Shipping paid for Lina s round-trip travel expenses from Manila to Miami. Because of a food poisoning incident which happened during her last cruise assignment, Lina was not re-hired. Lina claims she has been illegally terminated and seeks separation pay. If you were the Labor Arbiter handling the case, how would you decide? (4%) My Ans: Yes, she has been illegally terminated and should be awarded separation pay. While Lina has been working for for the Cruise Lines for the past 15 years and signs a 10-month contract for every engagement does not mean her employer can just terminate her employment without observing due process. Whether an employee is regular, probationary, or contractual the law requires the observance of due process. A worker s employment is property in the constitutional sense. He cannot be deprived of his work without due process of law. Maneja v. NLRC (98) Due process requirements are two-fold: substantive and the procedural. Substantive - dismissal must be for a valid or authorized cause as provided by law (Articles 279, 281, 282-284, New Labor Code Procedural - notice and hearing Salaw v. NLRC (91) Notice - intended to inform the employee concerned of the employer's intent to dismiss and the reason for the proposed dismissal Hearing - affords the employee an opportunity to answer his employer's charges against him and accordingly