M/V Havre de Grace, forcing European Navigation to make the arrangements and assign a new
master to it. European Navigation, exercising maximum tolerance in spite of Capt. Gucors
insubordination, even went as far as assigning him to the M/V Eleptheria-K after he missed the
M/V Havre de Grace. He likewise missed this assignment. All this because he believed that his
transfer was an insult to his personal and professional capacity.
Capt. Gucor willfully disobeyed a lawful order of his employer. This act of insubordination is a
valid ground for dismissal.vii[7]
WHEREFORE, the instant petition is hereby GRANTED. The decision of the National Labor
Relations Commission dated November 29, 1994 is vacated and the resolution of the POEA
Administrator is REINSTATED. No costs.
SO ORDERED.
Narvasa, C.J., (Chairman), Kapunan and Purisima, JJ., concur.
i[1] Rollo, p. 16.
ii[2] Governing Filipino Seamen on Board Ocean-Going Vessels.
iii[3] Section 2. Minimum Provisions for Contract. The following shall be considered the minimum
requirements for contract of employment:
a.
Guaranteed wages for regular working hours and overtime pay for services rendered
beyond regular working hours in accordance with the standards established by the Administration;
b.
Free transportation from point of hire to site of employment and return;
c.
Free emergency medical and dental treatment and facilities;
d.
Just causes for the termination of the contract or of the services of the workers;
e.
Workmens compensation benefits and war hazard protection;
f.
Repatriation of workers remains and properties in case of death to the point of hire, or if
this is not possible under the circumstances, the proper disposition thereof, upon prior arrangement with
the workers next-of-kin and the nearest Philippine Embassy or Consulate through the Office of the Labor
Attache;