Quijanovgabartolabac o quijano says that he filed

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Unformatted text preview: ary
and
other
benefits.
 • 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
 Lalay
Abala.
ALS2014B.
Labor
II.
 prerogative
to
change
his
assignment
or
transfer
him
where
he
will
be
 most
useful
 The
right
to
demote
 • Petrophil
Corporation
v.
NLRC
 o Encanacion
 was
 working
 in
 Petrophil
 as
 a
 casual
 employee
 of
 Campos,
 an
 independent
 contractor.
 The
 company
 replaced
 Campos
 but
 retained
 Encarnacion.
 The
 company
 received
 a
 letter
 re:
 unsatisfactory
 performance
 of
 Encarnacion.
 So
 he
 was
 transferred
 to
 Caltex.
 Encarnacion
 refused
 unless
 he
 would
 be
 given
 the
 same
 position
 of
 warehouseman
 o Encarnacion
 was
 not
 dismissed
 but
 was
 only
 demoted
 and
 transferred
 because
 of
 his
 failure
 to
 observe
 proper
 diligence
 in
 his
 work
 and
 also
 because
 of
 his
 indolence,
 habitual
 tardiness
and
absences.
 o It
 is
 management
 prerogative
 to
 transfer,
 demote,
 discipline,
 and
 even
 to
 dismiss
 an
 employee
 to
 protect
 its
 business,
 provided
it
is
not
tainted
with
ULP.
 The
right
to
dismiss
 • Is
a
measure
of
self‐protection
 • Power
to
dismiss
not
absolute
 o Right
 of
 an
 employer
 to
 freely
 discharge
 his
 employees
 is
 subject
to
regulation
by
the
State,
basically
in
the
exercise
of
 its
paramount
police
power
 o Dismissals
must
not
be
arbitrary
and
capricious.
Due
process
 must
 be
 observed
 in
 dismissing
 an
 employee
 because
 it
 affects
not
only
his
position
but
also
his
means
of
livelihood.
 Just
causes
of
dismissal
 1. 2. Causes
of
dismissal
in
general
 • The
 employer
 cannot
 be
 legally
 compelled
 to
 continue
 with
 the
 employment
 of
 a
 person
 who
 admittedly
 was
 guilty
 of
 misfeasance
 towards
 his
 employer
 and
 whose
 continuance
 in
 the
 service
 of
 the
 latter
 is
 patently
 inimical
 to
 his
 interest.
 The
 law
 in
 protecting
 the
 rights
 of
 the
 laborer
 authorizes
 neither
 oppression
 nor
 self‐ destruction
of
the
employer
 • Article
282
=
just
causes;
dismissal
or
discharge
 • Article
283
and
284
=
authorized
causes;
separation
 Just
cause:
serious
misconduct
 • Misconduct
 is
 improper
 or
 wrong
 conduct,
 implies
 wrongful
 intent
 and
not
mere
error
in
judgment.
The
act
must
be
of
such
a
grave
and
 aggravated
 character
 and
 not
 merely
 trivial
 or
 unimportant.
 Such
 misconduct
...
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This document was uploaded on 03/11/2014.

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