Nlrc article 287 as worded permits employers and

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Unformatted text preview: y
accompanied
by
an
increase
in
salary
 o PT&T
v.
CA
 Company
 initiated
 a
 relocation
 and
 restructuring
 program.
 7
 employees
 were
 to
 be
 relocated.
 Employees
 refused
 because
 transfers
 would
 mean
 separation
from
families.
Company
considered
this
 as
insubordination
and
dismissed
the
employees
 The
transfers
were
promotions
in
nature
even
if
they
 were
not
accompanied
by
an
increase
in
salary.
The
 indispensable
 element
 for
 there
 to
 be
 promotion
 is
 that
 there
 must
 be
 an
 advancement
 from
 one
 position
to
another
or
an
upward
vertical
movement
 of
 the
 employee’s
 rank
 or
 position.
 Any
 increase
 in
 salary
should
only
be
considered
incidental
but
never
 determinative
 of
 whether
 or
 not
 a
 promotion
 is
 bestowed
upon
an
employee
 An
 employee
 can’t
 be
 promoted,
 even
 if
 merely
 as
 a
 result
 of
 a
 transfer,
 without
 his
 consent.
 Thus,
 this
 refusal
can’t
be
considered
insubordination
 Just
cause:
neglect
of
duties
 • Generally,
 gross
 neglect
 means
 an
 absence
 of
 that
 diligence
 that
 an
 ordinarily
prudent
man
would
use
in
his
own
affairs
 • In
 order
 to
 constitute
 a
 just
 cause
 for
 the
 employee’s
 dismissal,
 the
 neglect
 of
 duties
 must
 not
 only
 be
 gross
 but
 also
 habitual.
 Thus,
 the
 single
or
isolated
acts
of
negligence
do
not
constitute
a
just
cause
for
 the
dismissal
of
the
employee
 • To
justify
the
dismissal,
it
does
not
seem
necessary
that
the
employer
 show
that
he
has
incurred
actual
loss,
damage,
or
prejudice
by
reason
 of
the
employee’s
conduct.
It
is
sufficient
that
it
tends
to
prejudice
the
 employer’s
interest
 • The
 degree
 of
 skill,
 care,
 diligence,
 etc
 of
 the
 employee
 is
 that
 of
 ordinary
 and
 reasonable
 skill,
 care
 and
 diligence.
 He
 can’t
 be
 discharged
 on
 the
 ground
 of
 incompetency,
 negligence,
 etc
 merely
 because
he
fails
to
employ
the
highest
degree
of
skillfulness
and
care
 known
 in
 the
 trade,
 unless
 the
 contract
 of
 employment
 expressly
 stipulates
 for
 such
 degree
 of
 skill
 and
 care,
 or
 unless
 the
 employee
 represents
 that
 he
 possesses
 such.
 However,
 if
 the
 parties
 have
 specially
 contracted
 that
 the
 employee’s
 services
 shall
 be
 warranted
 or
 agreed
 to
 give
 satisfaction,
 the
 employer
 is
 vested
 with
 power
 to
 4. 40
 • • • • • • determine
 the
 question
 whether...
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This document was uploaded on 03/11/2014.

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