Coffee Bean & Tea Leaf v. Rolly Arenas
Coffee Bean & Tea Leaf v. Rolly Arenas
follows:
violations.
elements must concur: (1) the employee’s assailed conduct must have been
willful, that is, characterized by a wrongful and perverse attitude; and (2)
the order violated must have been reasonable, lawful, made known to the
employee, and must pertain to the duties which he had been engaged to
discharge.
at CBTL’s al fresco dining area. During that time, the other service crews were
the one in charge of manning the counter. Notably, CBTL’s employee handbook
imposes only the penalty of written warning for the offense of eating non-CBTL
Arenas’ three counts of tardiness cannot be considered as gross and habitual neglect
habitualness. These late attendances were also broadly spaced out, negating the
complete absence of care on Arenas’ part in the performance of his duties. Even CBTL
admitted in its notice to explain that this violation does not merit yet a disciplinary
serious; (b) it must relate to the performance of the employee’s duties; and (c) it
must show that the employee has become unfit to continue working for the
employer.
However, the facts on record reveal that there was no active dishonesty on the
part of Arenas. When questioned about who placed the bottled iced tea inside the
ice bin, his immediate reaction was not to deny his mistake, but to remove the
bottle inside the bin and throw it outside. More importantly, when he was asked to
make a written explanation of his action, he admitted that the bottled iced tea
was his.Thus, even if there was an initial reticence on Arenas’ part, his subsequent
act of owing to his mistake only shows the absence of a deliberate intent to lie or
deceive his CBTL superiors. On this score, we conclude that Arenas’ action did not