willful disobedience Archives - LVS Rich Publishing

05 May

Insubordination and Compliance with Lawful Orders of Employer

It may dawn upon an employee who does not want to comply with an order to file a case questioning its validity thinking that his filing will give him an excuse not to follow such command. The Supreme Court ruled that it would be dangerous doctrine indeed to allow employees to refuse to comply with rules and regulations, policies and procedures laid down by their employer by the simple expedient of formally challenging their reasonableness or the motives which inspired [...]

By Atty Elvin Labor Law atty. elvin, dismissal, insubordination, Just Cause, labor, Labor Code, labor law, lawful order, substantive due process, termination, willful disobedience 0 Comments Read more...

08 Mar

Willful Disobedience as Ground for Employee Dismissal

Willful disobedience is ground for dismissal under Article 297 of the Labor Code, as amended. The Supreme Court found just cause to dismiss the employee for her willful disobedience of the superior’s directives requiring her to explain her absence, violation of school policy and refusal to subject herself to medical examination. Other cases where disobedience was held willful: Violation of the rule against the use of company-owned vehicles for private purposes without prior authority; Smoking in restricted areas; Refusal to render overtime; Refusal to be [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employer, Just Cause, labor, Labor Code, labor law, willful disobedience 12 Comments Read more...

15 Dec

Willful Disobedience as Ground for Dismissal

Willful disobedience is one of the just causes to dismiss employees under Article 297 [formerly Art. 282] of the Labor Code, as amended. Thus, in order for the ground of “willful disobedience” to be considered a just cause to terminate employment, the following requisites must concur: (1) The employee’s assailed conduct must have been willful, that is, characterized by a wrongful and perverse attitude; and (2) The order violated must have been reasonable, lawful, made known to the employee, and must pertain [...]

By Atty Elvin Labor Law willful disobedience, Wrongful and Perverse Attitude 13 Comments Read more...

25 Jul

Order to be Obeyed in Willful Disobedience must be Known to Employee

Order subject of the charge for willful disobedience must not only be reasonable but also made known to the employee. Otherwise, dismissal will not comply with substantive due process. One cannot follow an order that he does not know of. Hence, the basic task of employer is to make known such order to his employee. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 139-141). The order or mandate of an employer may [...]

By Atty Elvin Labor Law willful disobedience 13 Comments Read more...

21 Jul

Willful disobedience as Ground for Disciplinary Action

Willful disobedience or insubordination can be ground for disciplinary action which the employer can penalize with dismissal. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Another ground for dismissal under Article 282 is insubordination or willful disobedience of lawful orders of the employer or his representatives. A common situation involving this ground is when a superior gives an order to a subordinate but the latter refuses to comply. However, for insubordination to arise, the order [...]

By Atty Elvin Labor Law insubordination, willful disobedience 17 Comments Read more...

21 Feb

WILLFUL DISOBEDIENCE AS GROUND FOR DISMISSAL

Balais vs. Se’lon by Aimee G.R. No. 196557, June 15, 2016 Facts: Balais narrated that he was Salon de Orient’s senior hairstylist and make-up artist when respondent Amelita Revilla (Revilla) took over the business. Revilla, however, retained his services as senior hairstylist and make-up artist. Under the new management, Salon De Orient became Se’lon by Aimee and respondent Alma Belarmino (Belarmino) was appointed as its salon manager, who was in-charge of paying the employees’ wages, dismissing erring employees, and exercising control [...]

By Atty Elvin Labor Law discipline, dismiss, dismissal, due process, employee discipline, labor case, nlrc, termination, theft, willful disobedience 13 Comments Read more...

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