With johnsons manifest interest in the

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Unformatted text preview: 
 just
 because
 the
 employees
 or
 their
 union
 are
 unable
 to
 realize
 or
 appreciate
 the
 desirability
 of
 the
 employer’s
 policies
 or
 rules,
 the
 latter
 were
 laid
 down
 to
 oppress
 the
 former
 and
 subvert
 the
 legitimate
 labor
 union
 activities.
 Indeed,
 the
 employees’
 defiance
 to
 the
 authority
 of
 their
 employer
 left
 the
 latter
 with
 no
 alternative
 except
 to
 impose
 sanctions.
 The
 sanction
 of
 the
 suspension
 having
 proved
futile,
termination
of
employment
was
the
only
option
 left
to
the
employer.
 • Elements
 of
 disobedience
 (Gold
 City
 Integrated
 Port
 Services
 v.
 NLRC)
 o A
remeasurement
revealed
that
Bacalso
under‐measured
the
 bananas.
 Bacalso
 felt
 insulted
 by
 the
 remeasurement.
 He
 confronted
 Mabalacad,
 one
 who
 rechecked
 his
 work.
 A
 quarrel
 ensued
 between
 the
 2
 in
 the
 presence
 of
 Guangco,
 the
 immediate
 superior.
 Guango
 told
 Bacalso
 to
 stop
 provoking
 Mabalacad
 and
 asked
 them
 that,
 being
 in
 his
 38
 • • • office,
they
should
behave
properly.
Bacalso
ignored
this
oral
 directive
and
a
fistfight
erupted.
 o Willful
disobedience
of
the
employer’s
lawful
orders,
as
a
just
 cause
 for
 the
 dismissal
 of
 an
 employee,
 envisages
 the
 concurrence
 of
 at
 least
 2
 requisites:
 (1)
 the
 employee’s
 assailed
 conduct
 must
 have
 been
 willful
 or
 intentional,
 the
 willfulness
 being
 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
 o Both
requisites
are
present
in
the
case.
 o But
 not
 every
 case
 of
 insubordination
 or
 willful
 disobedience
 by
 an
 employee
 of
 a
 lawful
 work­connected
 order
 of
 the
 employer
 or
 its
 representative
 is
 reasonably
 penalized
 with
 dismissal.
 There
 must
 be
 reasonable
 proportionality
 between
 the
offense
and
the
penalty
imposed
therefore
 Disobeying
an
order
to
transfer
 o Gold
City
case
enumerated
the
2
requisites
that
must
concur
 so
 that
 willful
 disobedience
 may
 serve
 as
 an
 adequate
 and
 valid
reason
to
dismiss
an
employee
 o These
 requisites
 need
 to
 be
 observed
 –
 with
 greater
 prudence
 –
before
dismissing
an
employee
who
disobeys
an
 order
 transferring
 him
 from
 one
 job
 or
...
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This document was uploaded on 03/11/2014.

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