In the case of Juliet Gapacible v. Multimed Industries Incorporated (G.R. No. 178903, May 30, 2011), the court ruled that failure to comply with transfer order amounted to insubordination.
Juliet is the Assistant Area Sales Manager of the company in Cebu City. Since there was an ongoing reorganization in the company, she was advised that she would be transferred to its head office in Pasig City. Instead of heeding the order, Juliet, through her lawyer, Atty. Montenegro, demanded payment of separation pay and stated that he had advised his client to remain in her current position in Cebu. The company sent several letter-Memo ordering the transfer. Finally, Juliet was terminated for insubordination. Consequently, Juliet filed a complaint for illegal dismissal.
The Court ruled that Juliet was dismissed for willfully disobeying the lawful order of her employer to transfer from Cebu to Pasig City. The Court reasoned that Juliet knew and accepted respondent company's policy on transfers when she was hired and was in fact even transferred many times from one area of operations to another.
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Clearly, petitioner's adamant refusal to transfer, coupled with her failure to heed the order for her to return the company vehicle, more importantly, allowing her counsel to write letters couched in harsh language to her superiors unquestionable show that she was guilty of insubordination, hence not entitled to the award of separation pay.
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