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 to the duties which he had been engaged to discharge.
In Lakpue Drug Inc. v. Belga [G.R. No. 166379, October 20, 2005, 473 SCRA 617, 624. ], willfulness was described as one that is “characterized by a wrongful and perverse mental attitude rendering the employee’s act inconsistent with proper subordination.
In a more recent case decided by the Supreme Court last August 30, 2017, it was held that a willful or intentional disobedience of such rule, order or instruction justifies dismissal only where such rule, order or instruction is (1) reasonable and lawful, (2) sufficiently known to the employee, and (3) connected with the duties which the employee has been engaged to discharge [Transglobal Maritime Agency, Inc., Goodwood Shipmanagement Pte., Ltd. vs. Chua, Jr. G.R. No. 222430, August 30, 2017].
While it is true that the employer may promulgate rules and regulations and enforce the same to the point of dismissal of violators, such prerogative is limited by the standards of good faith and consideration of the plight of worker and circumstances. As held by the Court, it is true that an employer is given wide latitude of discretion in managing its own affairs.
The broad discretion includes the implementation of company rules and regulations and the imposition of disciplinary measures on its employees. But the exercise of a management prerogative like this is not limitless, but hemmed in by good faith and a due consideration of the rights of the worker.
In this light, the management prerogative will be upheld for as long as it is not wielded as an implement to circumvent the laws and oppress labor.
The post above is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 135-136) by Atty. Elvin B. Villanueva.
See sample forms for this offense on pages 197-216 of Human Resource Forms, Notices & Contracts Volume 2 (Forms No. 105-117).
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