Whenemploymentnotdeemedterminated 1

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Unformatted text preview: 
 differing
 substantially
 from
 those
 which
 he
 ahs
 agreed
 to
 perform
 or
 which
 are
 of
 an
 inferior
 or
less
important
character
 o On
 the
 other
 hand,
 as
 long
 as
 the
 employee
 is
 permitted
 to
 perform
 the
 contemplated
 services,
 he
 cannot
 treat
 a
 mere
 request
 or
 direction
 to
 perform
 additional
 services
 as
 a
 discharge
 Transfer
with
promotion
of
a
manager
 o A
 transfer
 becomes
 unenforceable
 if
 the
 transfer
 is
 coupled
 with
or
is
in
the
nature
of
a
promotion,
where
the
promotion
 is
rejected
by
the
employee
 o Dosch
v.
NLRC
and
Northwest
Airlines
 Dosch,
 a
 US
 citizen,
 married
 to
 a
 Filipina,
 was
 the
 resident
manager
of
Northwest
Airlines
in
the
PHL.
 He
reserved
info
that
he
was
going
to
be
promoted
 to
 Director
 of
 International
 Sales
 and
 that
 he
 was
 going
 to
 be
 transferred
 to
 a
 US
 office.
 He
 acknowledged
 such
 but
 rejected
 the
 promotion
 because
 he
 couldn’t
 leave
 his
 family
 in
 the
 PHL.
 Northwestern
 considered
 this
 as
 a
 resignation.
 Northwestern
 also
 considered
 Dosch’s
 non‐ compliance
as
insubordination
 There
is
no
law
that
compels
an
employee
to
accept
 a
promotion,
as
a
promotion
is
in
the
nature
of
a
gift
 or
 a
 reward,
 which
 a
 person
 has
 a
 right
 to
 refuse.
 When
petitioner
refused
to
accept
his
promotion,
he
 was
exercising
a
right
and
he
cannot
be
punished
for
 it.
 He
 who
 uses
 his
 own
 legal
 right
 injures
 no
 one.
 While
 it
 may
 be
 true
 that
 the
 right
 to
 transfer
 or
 reassign
an
employee
is
an
employer’s
exclusive
right
 and
 the
 prerogative
 of
 management,
 such
 right
 is
 not
absolute
 Dismissal
too
severe
 Lalay
Abala.
ALS2014B.
Labor
II.
 Dissent:
 Melencio
 Herrera
 says
 that
 the
 transfer
 and
promotion
was
a
valid
exercise
of
management
 prerogative.
Teehankee
says
that
allowing
Dosch
to
 retain
 his
 job
 would
 mean
 that
 employees
 are
 dictating
 their
 own
 situs
 of
 service
 or
 country
 and
 place
of
assignment
 • Transfer
distinguished
from
promotion
 o Transfer
 is
 a
 movement
 from
 one
 position
 to
 another
 of
 equivalent
rank,
level
or
salary,
without
break
in
the
service
 o Promotion
is
the
advancement
from
one
position
to
another
 with
an
increase
in
duties
and
responsibilities
as
authorized
 by
law
and
usuall...
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This document was uploaded on 03/11/2014.

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