Willful Disobedience | 29 August 2023

“Article 297. Termination by Employer. – An employer may terminate an employment for any of the following causes: (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or his representative in connection with his work;”

Author

Alburo Law
August 29, 2023

Disregarding Company Rules and Regulations: A Ground for Termination

Hence, if an employee willfully disregarded Company’s Code of Discipline, applying the foregoing test will validate the dismissal of the erring employee on the said ground. However, suppose an employee performed an act which is both being commonly practiced by some employees and at the same time in clear violation of a Code of Conduct, can it still be considered as willful disregard of Company’s Code of Conduct?

The case of St. Luke’s Medical Center, Inc. vs. Sanchez 753 SCRA 218, March 11, 2015 is enlightening.

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