This case has been cited 2 times or more.
|
2015-12-09 |
PERLAS-BERNABE, J. |
||||
| Specifically with respect to cases involving security guards, a relief and transfer order in itself does not sever employment relationship between a security guard and his agency. An employee has the right to security of tenure, but this does not give him a vested right to his position as would deprive the company of its prerogative to change his assignment or transfer him where his service, as security guard, will be most beneficial to the client. Temporary "off-detail" or the period of time security guards are made to wait until they are transferred or assigned to a new post or client does not constitute constructive dismissal, so long as such status does not continue beyond six (6) months. The onus of proving that there is no post available to which the security guard can be assigned rests on the employer.[55] | |||||
|
2015-10-19 |
PERALTA, J. |
||||
| Therefore, we rule that although PADISCOR complied with the one-month notice rule to the DOLE and the employees, it failed to prove that such temporary lay-off, as exercise of its management prerogative, was made in good faith. Due to the grim consequences to the employee such that he or she does not receive any salary or financial benefit provided by law during the period of temporary lay-off,[49] this Court holds that the employer should have sufficiently proven through clear and convincing evidence the existence of the dire exigency of its business that compels it to put some of its employees temporarily out of work before a temporary layoff be considered as valid. | |||||