Jurisprudence
Jurisprudence
Jurisprudence
Phil. 756, 766 (2002) citing Philippine Japan Active Carbon Corporation v. NLRC, et
and other benefits.
al., 253 Phil. 149, 152, (1989).)
Aptly called a dismissal in disguise or an act amounting to
dismissal but made to appear as if it were not,( Uniwide Sales
Warehouse Club v. NLRC, G.R. No. 154503, 29 February 2008, 547 SCRA 220, 236.)3
constructive dismissal may, likewise, exist if an act of clear
discrimination, insensibility, or disdain by an employer
becomes so unbearable on the part of the employee that it
could foreclose any choice by him except to forego his continued
employment.( Hyatt Taxi Services, Inc. v. Catinoy, 412 Phil. 295, 306 (2001))
In cases of a transfer of an employee, the rule is settled that
the employer is charged with the burden of proving that its
conduct and action are for valid and legitimate grounds such as
genuine business necessity(Philippine Veterans Bank v. National Labor
Relations Commission, G.R. No. 188882, 30 March 2010, 617 SCRA 204, 212.) and
that the transfer is not unreasonable, inconvenient or
prejudicial to the employee.
If the employer cannot overcome this burden of proof, the
employee’s transfer shall be tantamount to unlawful
constructive dismissal(Westmont Pharmaceuticals, Inc. v. Samaniego, 518
Phil. 41, 51 (2006).)
Admittedly, the right of employees to security of tenure does
not give them vested rights to their positions to the extent of
depriving management of its prerogative to change their
assignments or to transfer them. By management 42
were actually dismissed. Petitioners’ filing of a complaint for illegal dismissal, irrespective of
whether reinstatement or separation pay was prayed for, could not by itself be the sole
consideration in determining whether they have been illegally dismissed. All circumstances
surrounding the alleged termination should also be taken into account. (Basay v. Hacienda
Consolacion, G.R. No. 175532, April 19, 2010, 618 SCRA 422.
The offer of transfer is, in legal contemplation, a promotion, which the respondents
validly refused. Such refusal cannot be the basis for the respondents' dismissal from
service. The finding of unfair labor practice and the award of moral and exemplary
damages do not however follow solely by reason of the dismissal.