SAN MIGUEL CORPORATION, vs. REYNALDO R. UBALDO and EMMANUEL NOEL A. CRUZ, in their capacities as Chairman and Member, respectively, of the Voluntary Arbitration Panel, MESSRS. FERNANDO CODILLO, GERARDO CARDENO, RENATO L. SAGARIO, RAMON P. GUARINO AND ILAW AT BUKLOD NG MGA MANGGAGAWA (IBM).
- G.R. Number: G.R. No. 92859
- Promulgated: 1993-02-01
- Ponente: Campos, J.
Doctrine
Willful disobedience as cause for dismissal requires (1) willful or intentional conduct characterized by a wrongful and perverse attitude; and (2) the violated order must be reasonable, lawful, known to the employee, and pertain to his duties.
An employer cannot be compelled to retain an employee guilty of malicious acts harmful to the employer; retaining such employees prejudices employer interests and undermines discipline.
Financial assistance or separation pay is not warranted on grounds of social justice when an employee is validly dismissed for serious misconduct.
Facts
The Voluntary Arbitration Panel directed San Miguel Corporation to reinstate four employees with three months' pay and to treat their absence from 28 May 1988 to 9 March 1990 as suspension.
The Union's other claims and a charge of unfair labor practice were dismissed by the Court below for lack of merit.
The petitioner (San Miguel) appealed, and the Court below found the dismissals to be just and valid.
The Supreme Court ultimately granted the petition and set aside the award of the Voluntary Arbitration Panel, holding the private respondents validly dismissed for serious misconduct.
Issues
Whether the dismissals of the private respondents were valid and justified.
Whether the financial assistance (three months' pay) awarded by the Voluntary Arbitration Panel should have been granted despite the dismissals.
Ruling
The petition is GRANTED and the Award of the Voluntary Arbitration Panel is SET ASIDE; the private respondents were validly dismissed for serious misconduct.
The Court held that the Panel's award of financial assistance should not have been made; separation pay or financial assistance is improper where the employee was validly dismissed for serious misconduct.
All other claims of the Union and the charge of unfair labor practice were dismissed for lack of merit.
Keywords
G.R. No. 92859, Petition for Certiorari, grave abuse of discretion, Award of the Voluntary Arbitration Panel, reinstatement without loss of seniority rights, financial assistance, unfair labor practice, Collective Bargaining Agreement (CBA) violation, non-payment of overtime pay, grievance protest, manning standard, slowdown of work, notices of investigation, just cause for dismissal, separation pay, serious misconduct, lack of jurisdiction, just and valid dismissals, Regulation of manpower, private respondents