Saturday, October 18, 2008 Labor Case Digest: Insubordination or disobedience By Dominador A. Almirante
RESPONDENT Eleazar Gran was deployed by petitioner EDI to work for OAB in Riyadh, Kingdom of Saudi Arabia as a computer specialist. After working for about five months, his employment was terminated for among others, insubordination or disobedience to top management order or instructions due to non-submittan of daily activity reports despite several instructions. Was the dismissal justified?
Ruling: No.
EDI failed to discharge the burden of proving Gran’s insubordination or willfull disobedience. As indicated by the second requirement provided for in Micro Sales Operation Network, in order to justify willfull disobedience, we must determine whether the order violated by the employee is reasonable, lawful, made known to the employee, and pertains to the duties which he had been engaged to discharge. In the case at bar, petitioner failed to show that the order of the company which was violated-the submission of “Daily Activity Reports”–was part of Gran’s duties as a computer specialist. Before the Labor Arbiter, EDI should have provided a copy of the company policy, Gran’s job description, or any other documents that would show that the “Daily Activity Reports” were required for submission by the employees, more particularly by a Computer Specialist.
Even though EDI and/or ESI were merely the local employment or recruitment agencies and not the foreign employer, they should have adduced additional evidence to convincingly show that Gran’s employment was validly and legally terminated. The burden devolves not only upon the foreign-based employer but also on the employment or recruitment agency for the latter is not only an agent of the former, but is also solidarity liable with the foreign principal for any claims or liabilities arising from the dismissal of the worker.
Thus, petitioner failed to prove that Gran was justifiably dismissed due to incompetence, insubordination, or willful disobedience. (EDI-Staffbuilders International, Inc. vs. NLRC, G.R. No. 145587, Oct. 28, 2007)
