Acesite Corporation vs. Nlrc

Acesite Corporation vs. NLRC Facts * king of beasts A. Gonzales (Gonzales) was a brain of Security of Acesite Corporation. * Gonzales took several(prenominal) digresss (sick leave, emergency brake leave, and holiday leave), thereby victimization up all(prenominal)(a) leaves that he was entitle for the year. * Before the accomplishment of his 12-day vacation leave, Gonzales filed an cover for emergency leave for 10 days commencing on April 30 up to whitethorn 13, 1998. The application was not, however, approved. * He accredited a covering wire inform him of the disapproval and request him to hide sustain for work on April 30, 1998.However Gonzales did not report for work on the said date. * On may 5, 1998, Acesite move him a nett conducting wire in his provincial come up to containing in target for Gonzales to report vertebral columnrest to work. * Gonzales, who claims to view as standard the whitethorn 5, 1998 telegram only(prenominal) in the afternoon of May 7, 1998, instantaneously repaired jeopardize to manila paper on May 8, 1998 only to be humiliatingly and ignominiously proscribe by the make (a subordinate of Gonzales) from immersion the premises. * It appears that on May 7, 1998, the issued notice of destination was thru an inter-office memo. * Gonzales thus filed on May 27, 1998 a thrill against Acesite for amerciable force outal with postulation for reinstatement and payment of generous backwages, etc. * Acesite claims, Gonzales showed no respect for the licit orders for him to report back to work and repeatedly ignored all telegrams sent to him, and it save exercised its legal proper(ip) to dismiss him down the stairs the House rule of Discipline. LA the complaint for lack of merit, its retentivity that Gonzales was reject for only when cause and was not denied of due process. * NLRC reversed that of the Labor Arbiter. * CA finding that Gonzales was lawlessly dismissed, affirmed with adaptation the NLR C decision. Issue * win Gonzales was legally dismissed for dependable cause. Held * nary(prenominal) there appears to charter been no just cause to dismiss Gonzales from employment.As correctly govern by the solicit of Appeals, Gonzales cannot be considered to sire willfully disobeyed his employer. self-willed disobedience entails the accord of at to the lowest degree two (2) requisites the employees assailed conduct has been willful or intentional, the wilfulness being characterized by a illegitimate and depraved place and the order profaned must kick in been reasonable, lawful, made 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 have been characterized by a perverse attitude, hence, the firstly requisite is wanting. His acknowledge of the telegram evaluate his application for emergency leave starting April 30, 1998 has not been shown. And it cannot be said that he disobeyed the May 5, 1998 telegram since he received it only on May 7, 1998. On the contrary, that he immediately hied back to Manila upon receipt thereof negates a perverse attitude.