This case has been cited 2 times or more.
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2009-01-30 |
CARPIO, J. |
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| On the alleged inconvenience on Endico and his family because of the transfer from Cebu to the head office in Parañaque, we rule that the transfer is valid, there being no showing that there was bad faith on the part of Quantum Foods.[38] Moreover, we find that Quantum Foods, considering the declining sales and the loss of a major account in Cebu, was acting in the legitimate pursuit of what it considered its best interest in deciding to transfer Endico to the head office. | |||||
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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] | |||||