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5 Maersk vs. Avestruz
5 Maersk vs. Avestruz
FACTS:
The Labor Arbiter dismissed the complaint, citing the CBA between the
parties where the act of insulting a superior officer by words or deed is an act
of insubordination. The NLRC affirmed the validity of Avestruzs termination.
The CA however reversed and set aside the rulings of the NLRC and instead
found Avestruz to have been illegally dismissed.
ISSUE: WON the dismissal was due to a just cause founded on the ground of
insubordination and thus, valid
RULING: NO. Insubordination, as a just cause for the dismissal of an
employee, necessitates the concurrence of at least two requisites: (1) the
employees assailed conduct must have been willful, that is, 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.