Insubordination and dismissal

Dear Atty. Angela,

I have been a hotel receptionist for three years now. I am recently going through personal struggles that are somehow affecting my performance at work.

Recently, I have not been on good terms with the manager and he told me that I will be transferred from the Front Desk Department to the Storage Department, effective immediately. He is forcing me to sign the notice to transfer despite my refusal as I was not told of the reason for my transfer and I believe this is a form of demotion.

After I refused, I was preventively suspended for 10 days and then eventually dismissed for insubordination.

Is my dismissal valid?

Sam

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Dear Sam,

Your termination from work based on insubordination is invalid and would constitute constructive dismissal.

Insubordination or willful disobedience requires the concurrence of the following requisites: (1) the employee's assailed conduct must have been willful or intentional, the willfulness being characterized by a "wrongful and perverse attitude"; and (2) the order violated must have been reasonable, lawful, made known to the employee and must pertain to the duties which he had been engaged to discharge.

Both requirements are not present in this case.

In the case of Villanueva v. Ganco Resort and Recreation Inc., G.R. 227175 (2020), the Supreme Court held that an employee cannot be forced to affix his signature if he does not fully understand the reasons behind and the consequences of the transfer.

Also, while said action may be construed to be willful and intentional, it is nonetheless far from being "wrongful and perverse."

Given the foregoing, there is no basis to dismiss you on the ground of insubordination for mere failure to sign the Notice to Transfer.

Atty. Angela Antonio