This case has been cited 3 times or more.
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2013-03-18 |
DEL CASTILLO, J. |
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| "[A]n employer is free to manage and regulate, according to his own discretion and judgment, all phases of employment, which includes hiring, work assignments, working methods, time, place and manner of work, supervision of workers, working regulations, transfer of employees, lay-off of workers, and the discipline, dismissal and recall of work. While the law recognizes and safeguards this right of an employer to exercise what are clearly management prerogatives, such right should not be abused and used as a tool of oppression against labor. The company's prerogatives must be exercised in good faith and with due regard to the rights of labor. A priori, they are not absolute prerogatives but are subject to legal limits, collective bargaining agreements and the general principles of fair play and justice. The power to dismiss an employee is a recognized prerogative that is inherent in the employer's right to freely manage and regulate his business. x x x. Such right, however, is subject to regulation by the State, basically in the exercise of its paramount police power. Thus, the dismissal of employees must be made within the parameters of the law and pursuant to the basic tenets of equity, justice and fair play. It must not be done arbitrarily and without just cause."[46] | |||||
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2005-08-25 |
AZCUNA, J. |
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| To reiterate the ruling of Philippine-Singapore Transport Services, Inc. v. NLRC,[19] which was cited by the Court of Appeals in its Decision: . . . | |||||
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2004-11-25 |
YNARES-SATIAGO, J. |
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| We are mindful that every business strives to keep afloat during these times when prevailing economic situations turns such endeavor into a near struggle. With as much latitude as our laws would allow, the Court has always respected a company's exercise of its prerogative to devise means to improve its operations. Thus, we have held that management is free to regulate, according to its own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, time, place and manner of work, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, lay off of workers and discipline, dismissal and recall of workers.[17] Further, management retains the prerogative, whenever exigencies of the service so require, to change the working hours of its employees.[18] | |||||