This case has been cited 5 times or more.
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2015-07-22 |
PERLAS-BERNABE, J. |
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| This is consistent with jurisprudential rulings supporting an employer's free reign and "wide latitude of discretion to regulate all aspects of employment, including the prerogative to instill discipline in its employees and to impose penalties, including dismissal, upon erring employees. This is management prerogative, where the free will of management to conduct its own affairs to achieve its purpose takes form. The only criterion to guide the exercise of its management prerogative is that the policies, rules[,] and regulations on work-related activities of the employees must always be fair and reasonable[,] and the corresponding penalties, when prescribed, are commensurate to the offense involved and to the degree of the infraction."[68] The Labor Code does not excuse employees from complying with valid company policies and reasonable regulations for their governance and guidance.[69] | |||||
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2014-04-23 |
VILLARAMA, JR., J. |
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| While the adoption and enforcement by petitioner corporation of its Anti-Drugs Policy is recognized as a valid exercise of its management prerogative as an employer, such exercise is not absolute and unbridled. Managerial prerogatives are subject to limitations provided by law, collective bargaining agreements, and the general principles of fair play and justice.[46] In the exercise of its management prerogative, an employer must therefore ensure that the policies, rules and regulations on work-related activities of the employees must always be fair and reasonable and the corresponding penalties, when prescribed, commensurate to the offense involved and to the degree of the infraction.[47] The Anti-Drugs Policy of Mirant fell short of these requirements. | |||||
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2013-10-23 |
REYES, J. |
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| The Court also finds Bankwise's order to return the service vehicle assigned to Gemina inadequate to warrant his claim of constructive dismissal. It bears noting that the service vehicle was only temporarily assigned for Gemina's use. Nonetheless, it remains the property of the Bank and therefore may be disposed of or utilized by the company in the manner that it deems more beneficial for its interests. This is plainly an exercise of management prerogative. The employer's right to conduct the affairs of its business, according to its own discretion and judgment, is well-recognized. An employer has a free reign and enjoys wide latitude of discretion to regulate all aspects of employment and the only criterion to guide the exercise of its management prerogative is that the policies, rules and regulations on work-related activities of the employees must always be fair and reasonable.[35] | |||||
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2013-10-16 |
VILLARAMA, JR., J. |
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| Jurisprudence is replete with cases recognizing the right of the employer to have free reign and enjoy sufficient discretion to regulate all aspects of employment, including the prerogative to instill discipline in its employees and to impose penalties, including dismissal, upon erring employees. This is a management prerogative where the free will of management to conduct its own affairs to achieve its purpose takes form.[34] | |||||
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2013-03-06 |
MENDOZA, J. |
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| The employer's right to conduct the affairs of its business, according to its own discretion and judgment, is well-recognized.[37] Management has a wide latitude to conduct its own affairs in accordance with the necessities of its business.[38] As the Court once said: The Court has always respected a company's exercise of its prerogative to devise means to improve its operations. Thus, we have held that management is free to regulate, according to its own discretion and judgment, all aspects of employment, including hiring, work assignments, supervision and transfer of employees, working methods, time, place and manner of work. | |||||