Question 28 of 31
Labor Law
Dismissal for Willful Disobedience (Insubordination); Management Prerogative to Transfer Employees practice question
ABC Grand Hotel employed Mr. Jose Santos as a doorman for over a decade. After receiving negative feedback about his guest interactions, the Hotel Manager issued a written order reassigning Mr. Santos to the position of linen room attendant, which had the same rank and pay but involved no guest contact. Mr. Santos, instead of reporting to the linen room, took an extended leave and, upon return, refused to assume his new post despite repeated reminders from management and his union. He stayed daily in the union office, questioning the validity of his transfer but never reporting to the linen room. After being asked to explain his refusal and failing to do so, Mr. Santos was dismissed for insubordination. Mr. Santos claims his dismissal was illegal, arguing that the transfer was punitive and that his refusal was justified. Should Mr. Santos's dismissal for insubordination be upheld? Explain.