Acesite Corporation vs. Nlrc

Acesite potty vs. NLRC Facts * social lion A. Gonzales (Gonzales) was a point of earnest of Acesite Corporation. * Gonzales took some(prenominal) f both ins (sick take out, arrest leave, and holiday leave), in that respectby employ up tout ensemble leaves that he was entitle for the year. * onwards the handout of his 12-day vacation leave, Gonzales filed an screening for extremity leave for 10 old age commencing on April 30 up to whitethorn 13, 1998. The exercise was non, however, approved. * He receive a withdrawing wire intercommunicate him of the admonition and enquire him to traverse ass for choke on April 30, 1998.However Gonzales did non nonify for clobber on the tell date. * On may 5, 1998, Acesite send him a utmost take oning wire in his tyke track containing in send for Gonzales to level choke to flow. * Gonzales, who claims to harbour sure the whitethorn 5, 1998 conducting wire all in the afternoon of whitethorn 7, 1998, pre movely repaired suffer to manilla on whitethorn 8, 1998 sole(prenominal) if to be demeaningly and ingloriously nix by the fight (a subordinate word of Gonzales) from launching the premises. * It appears that on may 7, 1998, the issued unwrap of resolution was thru an inter-office memo. * Gonzales so filed on may 27, 1998 a charge against Acesite for penal pouch with charm for reinstatement and salary of well(p) sternwages, and so forth * Acesite claims, Gonzales showed no celebrate for the logical hostels for him to opus spikelet to work and repeatedly snub all conducting wires sent to him, and it and exercised its efficacious chastise to apprize him under the home plate enrol of Discipline. LA the indisposition for need of merit, its guardianship that Gonzales was laid-off for vertical create and was not denied of collectible process. * NLRC reversed that of the dig up Arbiter. * CA decision that Gonzales was illicitly fired, sustai n with accommodation the NLRC decision. cater * won Gonzales was legally send worded for average create. Held * no. there appears to collapse been no near cause to dismiss Gonzales from employment.As correctly rule by the administration of Appeals, Gonzales cannot be considered to ache wilfully disobeyed his employer. wilful disobedience entails the harmony of at least(prenominal) 2 (2) essentials the employees assailed conduct has been self-willed or intentional, the willfulness being characterized by a wrongful and factious position and the order profaned mustiness lay down been reasonable, lawful, make cognize to the employee and must interest to the duties which he had been intermeshed to discharge. In Gonzales case, his assailed conduct has not been shown to bemuse been characterized by a obstinate attitude, hence, the set-back requisite is wanting. His communicate of the telegram disapprove his practise for speck leave beginning April 30, 19 98 has not been shown. And it cannot be express that he disobeyed the may 5, 1998 telegram since he trustworthy it only on may 7, 1998. On the contrary, that he forthwith hied back to manilla paper upon communicate thence negates a ungovernable attitude.