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NATHANIEL N. DONGON v. RAPID MOVERS

This case has been cited 3 times or more.

2015-07-29
PERALTA, J.
As to the allegation that the penalty of dismissal is too harsh, it is long established that an employer is given a wide latitude of discretion in managing its own affairs, and in the promulgation of policies, rules and regulations on work-related activities of its employees.[61] The broad discretion includes the implementation of company rules and regulations and the imposition of disciplinary measures on its workers.[62] But for the management prerogative to be upheld, the exercise of disciplining employees and imposing appropriate penalties on erring workers must be practiced in good faith for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of the employees under special laws or under valid agreements.[63]
2014-12-08
PERLAS-BERNABE, J.
"Willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work" is one of the just causes to terminate an employee under Article 296 (a) (formerly Article 282 [a]) of the Labor Code.[64] In order for this ground to be properly invoked as a just cause for dismissal, the conduct must be willful or intentional, willfulness being characterized by a wrongful and perverse mental attitude.[65] In Dongon v. Rapid Movers and Forwarders Co., Inc.,[66] "willfulness" was described as "attended by a wrongful and perverse mental attitude rendering the employee's act inconsistent with proper subordination."[67]
2014-07-28
PERALTA, J.
True, an employer has the discretion to regulate all aspects of employment and the workers have the corresponding obligation to obey company rules and regulations.  Deliberately disregarding or disobeying the rules cannot be countenanced, and any justification that the disobedient employee might put forth is deemed inconsequential.[20]  However, the Court must emphasize that the prerogative of an employer to dismiss an employee on the ground of willful disobedience to company policies must be exercised in good faith and with due regard to the rights of labor.[21]