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    Lagatic Vs NLRC

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    kwok_kc
    The document discusses a case regarding an employee's dismissal and claims for unpaid wages. It describes the employee's job duties and history of warnings for failing to submit reports. It also discusses a note the employee wrote saying 'To hell with cold calls!' and his subsequent dismissal. The court upheld the dismissal, finding due process was followed and the employee engaged in willful disobedience.

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    Lagatic Vs NLRC

    Uploaded by

    kwok_kc
    1K views2 pages
    The document discusses a case regarding an employee's dismissal and claims for unpaid wages. It describes the employee's job duties and history of warnings for failing to submit reports. It also discusses a note the employee wrote saying 'To hell with cold calls!' and his subsequent dismissal. The court upheld the dismissal, finding due process was followed and the employee engaged in willful disobedience.

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    Original Title

    Lagatic vs NLRC

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    The document discusses a case regarding an employee's dismissal and claims for unpaid wages. It describes the employee's job duties and history of warnings for failing to submit reports. It also discusses a note the employee wrote saying 'To hell with cold calls!' and his subsequent dismissal. The court upheld the dismissal, finding due process was followed and the employee engaged in willful disobedience.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Lagatic Vs NLRC

    Uploaded by

    kwok_kc
    The document discusses a case regarding an employee's dismissal and claims for unpaid wages. It describes the employee's job duties and history of warnings for failing to submit reports. It also discusses a note the employee wrote saying 'To hell with cold calls!' and his subsequent dismissal. The court upheld the dismissal, finding due process was followed and the employee engaged in willful disobedience.

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    © All Rights Reserved
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    You are on page 1of 2

    Issue: 1) whether or not petitioner was validly dismissed by respondent with his

    actions
    2) Whether or not he was entitled to separation pay, premium pay, and overtime
    pay

    Facts:
    -

    Petitioner was hired as a probationary sales agent on May 86, promoted


    to marketing specialist
    o Tasked to solicit calls, accept call-ins, referrals, make client calls and
    cold calls which they had to submit progress reports of, daily
    Oct 22 1991, respondent issues a written reprimand regarding his non
    submission of reports
    o Given a warning for multiple non-compliance throughout Sept. and
    Oct.
    Warned that further non-compliance=termination (2nd notice)
    Replied that it was an honest omission and not gross
    insubordination
    Excuse inadequate, suspended 3 days
    Feb 93, failed to submit again, and was verbally reminded to submit
    within a few days
    o Feb 16 93 petitioner wrote a note which says To hell with cold
    calls! Who cares?
    This was shown to co-workers and left on his desk
    o Feb 23, 93, petitioner receives memo asking to explain his nonsubmission and note
    Feb 24, Replies: failure to submit=/= gross insubordination
    denies knowledge of note
    found guilty, Feb 26, 93, served a notice of dismissal

    Pet. Complains of illegal dismissal, deductions, underpayment


    o Valid dismissal requirements:
    a. Employee must be afforded due process. B. dismissal must be for a
    valid cause
    Petitioner: failure to submit =/= willful disobedience, and cold calls are
    least effective
    Respondent allowed to regulate all aspects of employment (rules), when
    employee enters establishment, knowing the rules, rule becomes part of
    contract
    o Employee may be dismissed for violation
    Respondent produces affidavits of co-employees attesting that petitioner
    wrote note which he denied knowledge of
    o Denial= if unsubstantiated by clear and convincing evidence, is
    negative and self-serving evidence which has no weight in law
    o He did not deny writing it, only denied knowledge of allegation that
    he issued note

    Willful disobedience: (1) conduct must be willful or intentional (2) order


    violated must be reasonable, lawful, made known to the employee and
    must pertain to the duties

    HELD:
    Due process given: notice (2 written notices, (1) particular acts (2) decision to
    dismiss) & hearing
    Hearing: complied w/ as long as there was an opportunity to be heard as he
    submitted reply
    No law that employees need to be paid commission, so no specific formula,
    only through Collective Bargaining negotiations or what employer practices.
    Not non-diminution of benefits when he is not always affected by wage
    increase since commissions are larger, non-diminution would be if company
    removes commission. As for OT, rest day, holiday pays, his minutes of the
    meeting does not prove that he worked those days, when they were not
    actually required to go to work on weekends.

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