Course Hero Logo

Change their assignments or to transfer them

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 5 - 6 out of 31 pages.

change their assignments or to transfer them.Managerial prerogatives, however, are subject tolimitationsprovided by law, collective bargainingagreements, and general principles of fair play and justice.The test for determining the validity of the transfer of employees was:1.The managerial prerogative to transfer personnel must beexercised without graveabuse of discretion,bearing in mind the basic elements of justice and fair play. Havingthe right should not be confused with the manner in which that right is exercised. Thus, itcannot be used as a subterfuge by the employer to rid himself of an undesirable worker.2.In particular, theemployer must be able to show that the transfer is notunreasonable, inconvenient or prejudicial to the employee;nor does it involve ademotion in rank or a diminution of his salaries, privileges and other benefits.Should the employer fail to overcome this burden of proof, the employee's transfer shall betantamount to constructive dismissal, which has been defined as a quitting becausecontinued employment is rendered impossible, unreasonable or unlikely; as an offerinvolving a demotion in rank and diminution in pay. Likewise, constructive dismissal existswhen an act of clear discrimination, insensibility or disdain by an employer has become sounbearable to the employee leaving him with no option but to forego with his continuedemployment.We find no reason to disturb the conclusion of the NLRC and the CA that there was no constructivedismissal. Their finding is supported by substantial evidence -- Petitioner's transfer was made in pursuitof respondent's policy to "familiarize bank employees with the various phases of bank operations andfurther strengthen the existing internal control system" of all officers and employees. We havepreviously held that employees may be transferred -- based on their qualifications, aptitudes andcompetencies -- to positions in which they can function with maximum benefit to the company.Petitioner was not singled out; other employees were also reassigned without their express ∂.Neither was there any demotion in the rank of petitioner; or any diminution of his salary, privileges andother benefits.NO basis in petitioner’s claim that there was discrimination bc his table and chair was near the toiletand he was forced to work w/o table, given no work assignment. He presented no proof.DELES VS NLRCFACTS:Respondent company operates a pipeline system which transports petroleum products from therefineries by Caltex (Phil.) Inc. and Shell (Phil.) Inc. in Batangas to terminal receiving facilities in MetroManila. Petitioner was employed by respondent company as shift supervisor, he is also member ofmanagement team.Petitioner instructed his chief operator (Yumul) to effect a batch change 2 from the kerosene tank tothe aviation fuel tank when the joint terminal facility turbine meter registers 2,944 barrels of kerosenedelivered. 397 barrels of the succeeding batch of aviation turbine fuel went to the kerosene batch

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 31 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
N/A
Tags
NLRC

Newly uploaded documents

Show More

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture