Timeline (G.R. No. 163505)
Employment Duration
Gualberto Aguanza was employed by Asian Terminal, Inc. (ATI) from April 15, 1989, to October 1997 as a Derickman or Crane Operator aboard Bismark IV.Salary and Benefits
As of October 1997, Aguanza received a basic salary of P8,303.30, a meal allowance of P1,800 per month, fixed overtime pay of 16 hours for out-of-port assignments, and P260.00 per day as out-of-port allowance.Temporary Assignment
In September 1997, Bismark IV was temporarily assigned to the Mariveles Grains Terminal in Bataan.Permanent Transfer Memo
On October 20, 1997, James Keith issued a memo stating that Bismark IV was permanently transferred to Mariveles starting October 1, 1997, and that the crew would lose out-of-port benefits.Crew's Objection
Aguanza and four other crew members did not object to the transfer but protested the reduction of their benefits.Reporting Issues
After expressing their objections, Aguanza was instructed to report to the Manila office, only to be sent back to Bataan without any work assignment.Request for Clarification
Aguanza wrote to Atty. Corvite seeking clarification on his employment status and expressed willingness to work under the new conditions.Filing of Complaint
Due to the lack of work assignments and salary, Aguanza filed a complaint for illegal dismissal against ATI.Respondents' Claim
ATI claimed Aguanza was employed as a Derickman starting February 1, 1996, and that the transfer was a valid management prerogative.Crew's Response to Transfer
Aguanza a...continue reading