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    Unica v. Anscor

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    Paul
    The Court of Appeals annulled the decision of the National Labor Relations Commission regarding Antonio Unica's claim of illegal dismissal against Anscor Swire Ship Management Corporation. Unica's employment contract ended on October 25, 2000 but he did not disembark until November 14, 2000 due to the ship still being at sea. The Court held that this late disembarkation did not constitute an implied renewal of Unica's contract as it was impossible for him to disembark earlier given the ship's location. As a seaman's employment is governed by fixed-term contracts, Unica's employment ended automatically when his contract expired without a mutually agreed renewal.

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    Unica v. Anscor

    Uploaded by

    Paul
    80 views1 page
    The Court of Appeals annulled the decision of the National Labor Relations Commission regarding Antonio Unica's claim of illegal dismissal against Anscor Swire Ship Management Corporation. Unica's employment contract ended on October 25, 2000 but he did not disembark until November 14, 2000 due to the ship still being at sea. The Court held that this late disembarkation did not constitute an implied renewal of Unica's contract as it was impossible for him to disembark earlier given the ship's location. As a seaman's employment is governed by fixed-term contracts, Unica's employment ended automatically when his contract expired without a mutually agreed renewal.

    Original Title

    56. Unica v. Anscor

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    The Court of Appeals annulled the decision of the National Labor Relations Commission regarding Antonio Unica's claim of illegal dismissal against Anscor Swire Ship Management Corporation. Unica's employment contract ended on October 25, 2000 but he did not disembark until November 14, 2000 due to the ship still being at sea. The Court held that this late disembarkation did not constitute an implied renewal of Unica's contract as it was impossible for him to disembark earlier given the ship's location. As a seaman's employment is governed by fixed-term contracts, Unica's employment ended automatically when his contract expired without a mutually agreed renewal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    80 views1 page

    Unica v. Anscor

    Uploaded by

    Paul
    The Court of Appeals annulled the decision of the National Labor Relations Commission regarding Antonio Unica's claim of illegal dismissal against Anscor Swire Ship Management Corporation. Unica's employment contract ended on October 25, 2000 but he did not disembark until November 14, 2000 due to the ship still being at sea. The Court held that this late disembarkation did not constitute an implied renewal of Unica's contract as it was impossible for him to disembark earlier given the ship's location. As a seaman's employment is governed by fixed-term contracts, Unica's employment ended automatically when his contract expired without a mutually agreed renewal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ANTONIO E. UNICA v. ANSCOR SWIRE SHIP NLRC: Affirmed with modification the LA's decision.

    MANAGEMENT CORPORATION CA: Annulled and set aside the decision of the NLRC. There
    was no implied renewal of contract and the 20 days extension was
    Doctrine
    due to the fact that the ship was still at sea.
    A seaman need not physically disembark from a vessel at
    Issue
    the expiration of his employment contract to have such contract
    considered terminated. Being allowed to remain on board due to Whether was an implied renewal of Unica’s contract of
    circumstances that would render disembarkation unsafe or employment with Anscor Swire.
    impossible does not amount to renewal of the seaman’s contract.
    Held
    Keywords
    No. Although Unica's employment contract with respondent
    Seaman, late disembarkation, implied renewal of contract ended on October 25, 2000 and he disembarked only on November
    14, 2000 or barely 20 days after the expiration of his employment
    Facts
    contract, such late disembarkation was not without valid reason.
    Anscor Swire Ship Management Corporation, a manning Anscor Swire could not have disembarked petitioner on the date of
    agency, employed Antonio Unica, under various contracts since the termination of his employment contract, because the vessel was
    1980s. In his last contract, Unica was deployed for a period of 9 still in the middle of the sea. Clearly, it was impossible for petitioner
    months from January to October, 2000. However, since the vessel to safely disembark immediately upon the expiration of his contract,
    was still at sea, he was only repatriated on 20 days after the since he must disembark at a convenient port. Thus, Unica’s stay in
    expiration of his contract of employment. the vessel for another 20 days should not be interpreted as an
    implied extension of his contract. A seaman need not physically
    Claiming that there was an implied renewal of his contract disembark from a vessel at the expiration of his employment
    of employment as he was allowed to stay in the vessel period of contract to have such contract considered terminated.
    employment as stipulated in the contract, Unica filed a case against
    the Anscor Swire for illegal dismissal. In its defense, Anscor Swire It is a settled rule that seafarers are considered contractual
    argued that Unica was hired for a fixed period, making the latter’s employees. Their employment is governed by the contracts they
    employment co-terminus with the term of his contract. sign everytime they are rehired and their employment is terminated
    when the contract expires. Their employment is contractually fixed
    LABOR ARBITER: Ruled in favor of petitioner. Since Unica for a certain period of time. Thus, when Unicas's contract ended, his
    was allowed by to continue working on board after the expiration of employment is deemed automatically terminated, there being no
    the contract, his contract with respondent was impliedly renewed mutually-agreed renewal or extension of the expired contract.
    for another nine months.

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