PHILIPPINE TELEGRAPH AND TELEPHONE CORPORATION, vs. ALICIA LAPLANA, Hon. RICARDO ENCARNACION, and NATIONAL LABOR RELATIONS COMMISSION.
- G.R. Number: G.R. No. 76645
- Promulgated: 1991-07-23
- Ponente: Narvasa, J.
Doctrine
An employer may transfer employees in the course of business as an exercise of sound business judgment and established office policy; such transfers within the country differ from overseas assignments.
A courteous tone in an employee's refusal does not alter the factual reality of a refusal to accept an employer's transfer.
When an employee voluntarily terminates employment by declining a lawful transfer and accepts separation pay, such voluntary termination may be the equitable solution.
Facts
Alicia Laplana was cashier of PT & T's Baguio branch and in March 1984 was directed to transfer to the Laoag branch; she refused the reassignment and proposed training qualified clerks instead.
Laplana refused the transfer and, by her actions, was treated as having resigned; she accepted separation pay suggested as retrenchment.
The employer's transfer was found to be in good faith and in legitimate pursuit of its business interests pursuant to established office policy and practice.
The Court granted the petition for certiorari, nullified the NLRC resolution of 5 August 1986, and declared Laplana's termination legal and proper.
Issues
Whether the employee's refusal to accept reassignment to another city amounted to resignation/voluntary termination.
Whether the employer validly exercised its business judgment in transferring the employee to another branch.
Ruling
The writ of certiorari was granted; the NLRC resolution of 5 August 1986 was nullified and set aside, and the termination of services of private respondent was declared legal and proper.
The Court concluded the employee had, in effect, resigned by refusing the lawful transfer and accepting separation pay, while the employer acted in good faith in transferring her for legitimate business reasons.
Keywords
G.R. No. 76645, Philippine Telegraph and Telephone Corporation v. Alicia Laplana, illegal dismissal, retrenchment, management prerogative, transfer of employee, demotion, just cause, separation pay, quitclaim, Labor Arbiter, National Labor Relations Commission, Helmut Dosch v. NLRC and Northwest Airlines, Inc., abandonment of job, due process, transfer, laplana, employer, company, manila