Sir/Madam, I would like to ask your legal advise against my employer. I am a seafarer scheduled to join my vessel last February. Unfortunately it was cancelled due to my medical certificate. My crewing agency told me that I am unfit for deployment.
I was surprised because of this development and so I went back to the clinic to inquire, then I learned from the doctor that my crewing agency did not approve the recommendation of the doctor that I will continue my maintenance medication aboard the vessel.
Last year, I was diagnosed to have hypertension and diabetes and my medical certificate was marked "Fit for Sea service" upon presenting to the doctor the medicines I will bring with me aboard to last until my contract finished. The same procedure would have been in order but this time my crewing agency disapproved the doctor's recommendation which prompts the clinic to mark my medical clearance "unfit".
I have no problem performing my duties and responsibilities while on board the vessel, in fact I was recommended for promotion for a higher position. I went back to my crewing agency to plead for their reconsideration but the office was firmed in their decision without explaining to me the reason why they disapproved the doctor's recommendation. I work with this company for 8 long years and was devastated with their decision to dump me just like this. It was cruel and harsh. My company blatantly denied me my right for employment and earn a decent living to support my family.
My contract for my next assignment was already processed to POEA and the OEC will be expiring today, 24 March 2014. With this regard, I would like to pursue this case. Can I sue my crewing agency of failure to deploy? Can I ask them to honor my contract and pay me my potential earnings equivalent to the whole 3 months contract which was already processed in POEA? Thank you Sir/Madam for any legal advise and answers to my queries.