Dubious Certificate of Fitness in disability claims

Monday, January 15, 2018, 11:31 p.m.  By: Atty Dennis R. Gorecho The Supreme Court warned companies from issuing dubious Certificate of Fitness which it described as “a ploy that aims to take advantage of the worker’s lack of sufficient legal knowledge and his desperate circumstances” The Supreme Court ruled in favor of a young seafarer

AIPPI, AIPLA, MIP Handbook

The 2017 IP Star Directories (Published by Managing IP), although available to view online, can now be read in special digital editions via Flickread. You can now browse or download the whole book for free here. The IP Stars directories, published earlier this year, including our rankings on firms and individuals in more than 80

Negligence causing damage loss, spoilage or deterioration of ship’s stocks and property

5:52 am Wednesday, September 13, 2017 By: Atty. Dennis R. Gorecho It is settled that the employer has the burden to prove that the dismissal of a seafarer is based on a valid cause. To discharge this burden, the employer must present substantial evidence – or such amount of relevant evidence that a reasonable mind

Definitive assessment of a seafarer’s disability

4:00 am Wednesday, August 30, 2017 By: Atty. Dennis R. Gorecho A seafarer is considered as suffering permanent total disability if the medical statement of the company doctor is devoid of any definitive declaration as to the seafarer’s capacity to return to work or at least a categorical and final degree of disability. For the courts and labor

Assumption of liability not a defense

2:35 pm Tuesday, August 15, 2017 By: Atty. Dennis R. Gorecho The original manning agency cannot claim that it will be exempted from liability because it is no longer the manning agency responsible to the dismissed seafarers since the new manning agencies had executed Affidavits of Assumption of Responsibility. In Section 1 of Rule II

Incompetence and Inefficiency as grounds for dismissal

3:30 am Tuesday, August 15, 2017 By: Atty. Dennis R. Gorecho It is settled that the employer has the burden to prove that the dismissal of a seafarer is based on a valid cause. To discharge this burden, the employer must present substantial evidence – or such amount of relevant evidence that a reasonable mind

Violations of company policies and regulations as grounds for dismissal

4:01 am Tuesday, August 1, 2017 Atty. Dennis R. Gorecho Violations of   company policies and regulations are considered valid grounds for dismissal under the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC), which cover any of the following acts: pilferage or theft of ship’s store or cargo; pilferage or theft of ships property of crews or passengers or

Insanity and Suicide

4:12 am Thursday, July 27, 2017 By: Atty. Dennis R. Gorecho Homesickness and/or family problems may result to depression, but the same does not necessarily equate to mental disorder that will  enable the heirs to be entitled   to death benefits for a seafarer who allegedly committed suicide. This was the ruling of the Supreme Court

Gambling as a ground for dismissal

5:19 am Tuesday, July 25, 2017 Atty. Dennis R. Gorecho Gambling is one of the twenty one (21) offenses which are considered valid grounds for dismissal under the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC), which covers any of the following acts: gambling which results in fighting or any incident as to upset the harmonious relationship

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