G.R. Nos. 170384-85             March 9, 2007

FACTS:

Lorna  Punzal , an employee of Etsi Technologies Inc. , sent an email to her officemates announcing the holding of a Halloween party that was to be held in the office. However, the petitioner’s immediate superior, Remudaro , advised Punzal to first secure for the approval of the Senior Vice president , respondent Werner Geisert, for the holding of the party in the office.

The VP did not approve the Halloween party which prompted Punzal  to send another email informing that the VP did not agree to the idea and expressed her disappointment particularly saying:

“He was so unfair , para bang palagi syang iniisahan sa trabaho.” Bakit most of the parents na magjoined ang anak ay naka VL naman . Anyway, solohin na lang nya bukas ang office.”

The HR  required her to explain in writing within 48 hours why she should not be given disciplinary action for improper conduct or acts of discourtesy concerning a company officer. Punzal replied by letter stating that she never expected that  such kind of words can be considered as acts of discourtesy or disrespect.