Issue: 1) whether or not petitioner was validly dismissed by respondent with his

actions
2) Whether or not he was entitled to separation pay, premium pay, and overtime
pay

Facts:
-

Petitioner was hired as a probationary sales agent on May 86, promoted

to marketing specialist
o Tasked to solicit calls, accept call-ins, referrals, make client calls and
cold calls which they had to submit progress reports of, daily
Oct 22 1991, respondent issues a written reprimand regarding his non
submission of reports
o Given a warning for multiple non-compliance throughout Sept. and
Oct.
Warned that further non-compliance=termination (2nd notice)
Replied that it was an honest omission and not gross
insubordination
Excuse inadequate, suspended 3 days
Feb 93, failed to submit again, and was verbally reminded to submit
within a few days
o Feb 16 93 petitioner wrote a note which says To hell with cold
calls! Who cares?
This was shown to co-workers and left on his desk
o Feb 23, 93, petitioner receives memo asking to explain his nonsubmission and note
Feb 24, Replies: failure to submit=/= gross insubordination
denies knowledge of note
found guilty, Feb 26, 93, served a notice of dismissal

Pet. Complains of illegal dismissal, deductions, underpayment

o Valid dismissal requirements:
a. Employee must be afforded due process. B. dismissal must be for a
valid cause
Petitioner: failure to submit =/= willful disobedience, and cold calls are
least effective
Respondent allowed to regulate all aspects of employment (rules), when
employee enters establishment, knowing the rules, rule becomes part of
contract
o Employee may be dismissed for violation
Respondent produces affidavits of co-employees attesting that petitioner
wrote note which he denied knowledge of
o Denial= if unsubstantiated by clear and convincing evidence, is
negative and self-serving evidence which has no weight in law
o He did not deny writing it, only denied knowledge of allegation that
he issued note

Willful disobedience: (1) conduct must be willful or intentional (2) order

violated must be reasonable, lawful, made known to the employee and
must pertain to the duties

HELD:
Due process given: notice (2 written notices, (1) particular acts (2) decision to
dismiss) & hearing
Hearing: complied w/ as long as there was an opportunity to be heard as he
submitted reply
No law that employees need to be paid commission, so no specific formula,
only through Collective Bargaining negotiations or what employer practices.
Not non-diminution of benefits when he is not always affected by wage
increase since commissions are larger, non-diminution would be if company
removes commission. As for OT, rest day, holiday pays, his minutes of the
meeting does not prove that he worked those days, when they were not
actually required to go to work on weekends.