Employee insubordination: Refusal to be transferred

There are many employees who lose their jobs either because of ignorance, erroneous legal advice or for being simply stubborn, hard-headed, rebellious and lacking in the basic humility to obey a lawful order emanating from his management or superior. People should be told that rights are never absolute. Job security, as enshrined in the Constitution and in the Labor Code, does not mean security to remain in a specific position or assignment. Management has the inherent prerogative to decide what assignment to give to specific personnel, and to transfer them in the greater interests of the service, and when required by the exigencies of the business. Employees who defy valid transfer orders stand to lose their jobs due to insubordination.

An act of defiance of a valid transfer order is a form of willful disobedience to a lawful order given by a superior in relation to the employee's work.  In one case involving a lady Regional Sales Manager of a Pharmaceutical Company, the company ordered her to transfer to Pasig from her choice assignment in Cebu. She had a very salary and benefits package and was assigned a company car with sufficient monthly gasoline allowance. When she was ordered to transfer to Pasig, she refused and even ignored the order to return the car. She hired a young lawyer who wrote management a very abrasive and antagonistic letter.

She was dismissed, and lost all her benefits and separation pay. She file a case but lost before the Supreme Court.

In another case, a computer teacher in Laoag was ordered to transfer to Bangued, Abra. He refused reasoning that his father was old and sickly and it was only him who could take care of the old man. That reasoning was not accepted by management. For defying the transfer order, he was dismissed and the Supreme Court affirmed the validity of the dismissal. The same fate was experienced by an old-timer in a telecom company who was assigned in Baguio. She was directed to transfer to Vigan, Ilocos Sur. She refused to because she did not want to be separated from her husband and children. Such refusal was considered a just cause for termination of employment due to insubordination.

A National Sales Manager of a global pharma company suffered a minor  heart attack and was forced to take a six-month leave with pay. He stayed in Davao his home city. After six months, the doctors pronounced him fit to resume his duties in Manila. However, he opted to stay in Davao, in defiance of the explicit and urgent order for him to return to Manila. His persistent refusal, despite repeated warnings and admonition was deemed a willful violation of the lawful order by his management. He lost his job and he lost his case before the Supreme Court. There are thousands of other cases of similar facts and of similar outcome. Employees who disobey are subject to the exercise by management of its prerogative to discipline and dismiss.

[email protected].