This case has been cited 1 times or more.
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2004-03-09 |
YNARES-SATIAGO, J. |
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| The resolution of this case depends upon a determination of the validity of Fianza's transfer from Property Custodian to Bill Distributor. To resolve this point, the scope and limits of the exercise of management prerogative must be balanced against the security of tenure given to labor. In this jurisdiction, we recognize that management has a wide latitude to regulate, according to his own discretion and judgment, all aspects of employment,[31] including the freedom to transfer and reassign employees according to the requirements of its business.[32] On the other hand, the transfer of an employee may constitute constructive dismissal when it amounts to "an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee."[33] | |||||