This case has been cited 2 times or more.
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2007-07-17 |
CHICO-NAZARIO, J. |
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| It is indeed true that administrative agencies, like the NLRC, are not bound by the technical rules of procedure and evidence in the adjudication of cases.[33] However, this procedural liberty must not be interpreted to mean an unfettered license to put forth assertions without at least presenting tangible proof to back them up. Otherwise, such assertions would just be allegations, and allegations are not evidence.[34] What is involved here transcends mere procedural technicality and concerns the more paramount principles and requirements of due process, which may not be sacrificed at the altar of expediency. Upon this principle, the failure to present a copy of the supposed Company Policy to prove the allegation of their existence must be seen and taken for what they are inadmissible hearsay. Mere allegation or assertion, by any stretch of reasoning, cannot be considered substantial evidence of their existence and of the subsequent violation complained of. | |||||
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2004-03-09 |
YNARES-SATIAGO, J. |
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| Management's prerogative of transferring and reassigning employees from one area of operation to another in order to meet the requirements of the business[48] is generally not constitutive of constructive dismissal.[49] Thus, in Philippine Japan Active Carbon Corporation v. NLRC,[50] the Court ruled: It is the employer's prerogative, based on its assessment and perception of its employees' qualifications, aptitudes, and competence, to move them around in the various areas of its business operations in order to ascertain where they will function with maximum benefit to the company. An employee's right to security of tenure does not give him such a vested right in his position as would deprive the company of its prerogative to change his assignment or transfer him where he will be most useful. When his transfer is not unreasonable, nor inconvenient, nor prejudicial to him, and it does not involve a demotion in rank or a diminution of his salaries, benefits, and other privileges, the employee may not complain that it amounts to a constructive dismissal.[51] The employer has the burden of proving that the transfer of an employee is for valid and legitimate grounds.[52] Particularly, for a transfer not to be considered a constructive dismissal, the employer must be able to show that such transfer is not unreasonable, inconvenient, or prejudicial to the employee; nor does it involve a demotion in rank or a diminution of his salaries, privileges and other benefits.[53] | |||||