This case has been cited 3 times or more.
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2015-11-25 |
DEL CASTILLO, J. |
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| At the outset, it must be emphasized that there was no indication that petitioners deliberately refused to comply with the procedures prior to their purported reassignment. Petitioners alleged that they reported to Napar several times waiting for tlieir assignment and that Napar was giving them a run-around even as they tried to comply with the requirements. These matters were not disputed by respondents. Thus, we cannot agree with respondents were the ones who violated the compromise agreement. Moreover, we are not persuaded by Napar's assertion that petitioners' reassignment cannot be effected without compliance with the requirements set by it. Petitioners are regular employees of Napar; thus, their reassignment should not involve any reduction in rank, status or salary.[39] As aptly noted by LA Espiritu, petitioners are not newly-hired employees. Considering further that they are ordinary factory workers, they do not need special training or any skills assessment procedures for proper placement. While we consider Napar's decision to require petitioners to submit documents and employment clearances, to attend seminars and interviews and take examinations, which according to Napar is imperative in order for it to effectively carry out its business objective, as falling within the ambit of management prerogative, this undertaking should not, however, deny petitioners their constitutional right of tenure. Besides, there is no evidence nor any allegation proffered that Napar has no available clients where petitioners can be assigned to work in the same position they previously occupied. Plainly, Napar's scheme of requiring petitioners to comply with reassessment procedures only seeks to prevent petitioners' immediate reassignment. | |||||
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2015-02-11 |
LEONEN, J. |
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| In Republic v. Pacheo:[138] | |||||
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2012-07-31 |
PERLAS-BERNABE, J. |
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| A detail is defined and governed by Executive Order 292, Book V, Title 1, Subtitle A, Chapter 5, Section 26 (6), thus:[22] | |||||