This case has been cited 1 times or more.
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2006-08-15 |
CHICO-NAZARIO, J. |
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| In the case before this Court, the ground relied upon by the petitioners in dismissing the respondents is incompetence. Although incompetence or inefficiency as a ground for a valid dismissal is not expressly written in Article 282 as one of the just causes in dismissing an employee, this ground is considered as analogous to those enumerated under said article. Additionally, incompetence is a ground specifically provided for in Section H of the Philippine Overseas Employment Administration (POEA) Standard Employment Contract[32] to validly dismiss an erring seaman. Such incompetence or inefficiency is understood to mean failure to attain work goals or work quotas, either by failing to complete the same within the allotted reasonable period, or by producing unsatisfactory results.[33] In proving the alleged incompetence of the respondents, the Labor Arbiter as well as the NLRC, based their findings on the telefax message,[34] logbook extracts, and the Master's Statement Report. | |||||