This case has been cited 3 times or more.
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2015-09-16 |
DEL CASTILLO, J. |
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| At any rate, even if timely raised, such arguments will not hold. The implementation of the rotation policy by respondent agency is within the ambit of management prerogative. The employer has the inherent right to regulate all aspects of employment, according to his own discretion and judgment, including the right to transfer an employee as long as the transfer is not unreasonable, inconvenient, prejudicial and does not involve a demotion in rank or a diminution of the employee's salaries, benefits, and other privileges.[32] In the absence of evident bad faith or a manifest intent to circumvent the factors and conditions just mentioned, this Court is not prepared to invalidate respondents' stance that this policy reflects the essence of security planning and the importance of discouraging familiarity between security personnel and the premises they are guarding. Thus, we here reiterate that contracts for security services may stipulate that the clients may request the agency for the replacement of the guard/s assigned to it even for want of cause;[33] and that such replaced security guard/s could be placed on temporary "off-detail" or "floating status" which is the period of time when such security guard/s are in between assignments or when they are made to wait after being relieved from a previous post until they are transferred to a new one.[34] | |||||
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2015-09-09 |
DEL CASTILLO, J. |
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| The managerial prerogative to transfer personnel must be exercised without grave abuse of discretion, bearing in mind the basic elements of justice and fair play. Having the right should not be confused with the manner in which that right is exercised. Thus, it cannot be used as a subterfuge by the employer to rid himself of an undesirable worker. In particular, the employer must be able to show that the transfer is not unreasonable, inconvenient or prejudicial to the employee; nor does it involve a demotion 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 be tantamount to constructive dismissal, which has been defined as a quitting because continued employment is rendered impossible, unreasonable or unlikely; as an offer involving a demotion in rank and diminution in pay. Likewise, constructive dismissal exists when an act of clear discrimination, insensibility or disdain by an employer has become so unbearable to the employee leaving him with no option but to forego with his continued employment[45] (Emphasis and underscoring supplied) | |||||
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2014-11-24 |
SERENO, C.J. |
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| True, the promotion and choice of personnel is an exercise of management prerogative. In fact, this Court has upheld management prerogatives, so long as they are exercised in good faith for the advancement of the employer's interest, and not for the purpose of defeating or circumventing the rights of the employees under special laws or under valid agreements.[18] However, there are limitations on the exercise of management prerogatives, such as existing laws and the principle of equity and substantial justice.[19] | |||||