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PHILIPPINE INDUSTRIAL SECURITY AGENCY CORPORATION v. PERCIVAL AGUINALDO

This case has been cited 4 times or more.

	GR No. 192076 2012-11-21	MICHELLE T. TUASON v. BANK OF COMMERCE MENDOZA, J.
While it is true that an employer is free to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, time, place and manner of work, tools to be used, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, layoff of workers and the discipline, dismissal and recall of workers, and this right to transfer employees forms part of management prerogatives, the employee's transfer should not be unreasonable, nor inconvenient, nor prejudicial to him. It should not involve a demotion in rank or diminution of his salaries, benefits and other privileges, as to constitute constructive dismissal.[37]
	GR No. 172601 2009-04-16	AILEEN G. HERIDA v. F & C PAWNSHOP & JEWELRY STORE & MARCELINO FLORETE QUISUMBING, J.
Jurisprudence recognizes the exercise of management prerogative to transfer or assign employees from one office or area of operation to another, provided there is no demotion in rank or diminution of salary, benefits, and other privileges, and the action is not motivated by discrimination, made in bad faith, or effected as a form of punishment or demotion without sufficient cause.[16]
	GR NO. 172062 2006-10-30	LORENZO MA. D.G. AGUILAR v. BURGER MACHINE HOLDINGS CORPORATION YNARES-SANTIAGO, J.
In constructive dismissal cases, the employer has the burden of proving that its conduct and action or the transfer of an employee are for valid and legitimate grounds such as genuine business necessity. 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. Failure of the employer to overcome this burden of proof, the employee's transfer shall no doubt be tantamount to constructive dismissal.[18]
	GR NO. 171392 2006-10-30	RUPERTO SULDAO v. CIMECH SYSTEM CONSTRUCTION YNARES-SANTIAGO, J.
In cases of constructive dismissal, the burden of proof is on the employer to show that the employee was dismissed for a valid and a just cause.[13] In the instant case, respondent failed to discharge this burden. As aptly observed by the NLRC: In essence, respondents would have it that they have not dismissed complainant, rather it was he who did not return to his job after 13 January 2003.