willful disobedience Archives

April 18, 2017

Published by Atty Elvin B. Villanueva at April 18, 2017

REFUSAL OF EMPLOYEE TO REPORT FOR ADMINISTRATIVE INVESTIGATION IS DEEMED WAIVER OF RIGHT TO PROCEDURAL DUE PROCESS AND NOT INSUBORDINATION

Sta. Isabel vs. Perla Compañia De Seguros, Inc. G.R. No. 219430, November 7, 2016 Facts: Perla, a company engaged in insurance business, hired Sta. Isabel as […]

July 11, 2017

Published by Atty Elvin B. Villanueva at July 11, 2017

DISHONESTY THAT IS NOT “ACTIVE DISHONESTY” MAY NOT BE SUFFICIENT TO DISMISS EMPLOYEE FOR SERIOUS MISCONDUCT

Dishonesty is one of the grounds for dismissal of employee. However, hesitation of the employee to admit mistake and subsequent admission of such mistake cannot amount […]

November 3, 2017

Published by Atty Elvin B. Villanueva at November 3, 2017

SERIOUS MISCONDUCT DOES NOT ARISE WHEN THE ACT, THOUGH INTENTIONAL, IS NOT CHARACTERIZED BY WRONGFUL AND PERVERSE ATTITUDE

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work is a just cause […]

December 14, 2017

Published by Atty Elvin B. Villanueva at December 14, 2017

WILLFUL DISOBEDIENCE DOES NOT ARISE WHERE THE EMPLOYEE’S REFUSAL TO OBEY THE ORDER IS NOT CHARACTERIZED BY WRONGFUL OR PERVERSE ATTITUDE

Willful disobedience, as a just cause for the dismissal of an employee, necessitates the concurrence of at least two requisites: The employee’s assailed conduct must have […]

April 27, 2018

Published by Atty Elvin B. Villanueva at April 27, 2018

INSUBORDINATION DOES NOT ARISE IF THE REFUSAL TO REPORT TO OFFICE IS TO ATTEND THE ADMINISTRATIVE INVESTIGATION; IT IS MERE WAIVER OF RIGHT

Insubordination or willful disobedience is a just cause for termination of employment listed under Article 297 (formerly Article 282) of the Labor Code. Renumbered Labor Code […]

October 22, 2019

Published by Atty Elvin B. Villanueva at October 22, 2019

JUST CAUSES OF SERIOUS MISCONDUCT, WILLFUL DISOBEDIENCE, AND FRAUD ALL IMPLY THE PRESENCE OF “WILLFULNESS” OR “WRONGFUL INTENT” ON THE PART OF THE EMPLOYEE

Just cause is one of the aspects of substantive due process required in employee dismissal. Serious misconduct, willful disobedience of an employer’s lawful order, and fraud, […]

May 29, 2020

Published by Atty Elvin B. Villanueva at May 29, 2020

WILLFUL DISOBEDIENCE ARISES WHEN AN EMPLOYEE UNJUSTIFIABLY REFUSES TO PROVIDE BUSINESS INFORMATION TO THE COMPANY’S CEO

Willful disobedience requires the concurrence of the following: the employee’s assailed conduct has been willful or intentional, the willfulness being characterized by a “wrongful and perverse […]

February 14, 2021

Published by Atty Elvin B. Villanueva at February 14, 2021

SERIOUS MISCONDUCT ARISES WHEN THE EMPLOYEE COPIES CONFIDENTIAL INFORMATION TO CREATE FALSE NARRATIVE AGAINST THE EMPLOYER

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing […]

June 10, 2022

Published by Atty Elvin B. Villanueva at June 10, 2022

LIBERAL INTERPRETATION OF THE RULES IS PRIMARILY GRANTED TO EMPLOYEES AND NOT EMPLOYER

The liberality of procedural rules is qualified by two requirements: (1) a party should adequately explain any delay in the submission of evidence; and (2) a […]