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    Labor Cases 4 Tranche: Management Prerogative Case No. 1 Dosch vs. NLRC, 123 SCRA 296 (1983) Facts

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    Mae Clare Bendo
    The document summarizes a labor case (Dosch vs. NLRC) regarding whether an employer's letter constituted a valid transfer or promotion. Specifically: - Helmut Dosch, a manager of Northwest Airlines in the Philippines, received a letter promoting him to Director of International Sales in Minneapolis but he refused due to personal/family reasons. - The court ruled the letter was a promotion, not just a transfer, as it advanced Dosch to a higher position with increased duties, responsibilities and salary. - An employee cannot be compelled to accept a promotion as it is a reward they have a right to refuse. By refusing, Dosch was exercising his legal right and could not be punished

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    Labor Cases 4 Tranche: Management Prerogative Case No. 1 Dosch vs. NLRC, 123 SCRA 296 (1983) Facts

    Uploaded by

    Mae Clare Bendo
    145 views1 page
    The document summarizes a labor case (Dosch vs. NLRC) regarding whether an employer's letter constituted a valid transfer or promotion. Specifically: - Helmut Dosch, a manager of Northwest Airlines in the Philippines, received a letter promoting him to Director of International Sales in Minneapolis but he refused due to personal/family reasons. - The court ruled the letter was a promotion, not just a transfer, as it advanced Dosch to a higher position with increased duties, responsibilities and salary. - An employee cannot be compelled to accept a promotion as it is a reward they have a right to refuse. By refusing, Dosch was exercising his legal right and could not be punished

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    1.-Dosch-vs.-NLRC-123-SCRA-296-1983

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    The document summarizes a labor case (Dosch vs. NLRC) regarding whether an employer's letter constituted a valid transfer or promotion. Specifically: - Helmut Dosch, a manager of Northwest Airlines in the Philippines, received a letter promoting him to Director of International Sales in Minneapolis but he refused due to personal/family reasons. - The court ruled the letter was a promotion, not just a transfer, as it advanced Dosch to a higher position with increased duties, responsibilities and salary. - An employee cannot be compelled to accept a promotion as it is a reward they have a right to refuse. By refusing, Dosch was exercising his legal right and could not be punished

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    145 views1 page

    Labor Cases 4 Tranche: Management Prerogative Case No. 1 Dosch vs. NLRC, 123 SCRA 296 (1983) Facts

    Uploaded by

    Mae Clare Bendo
    The document summarizes a labor case (Dosch vs. NLRC) regarding whether an employer's letter constituted a valid transfer or promotion. Specifically: - Helmut Dosch, a manager of Northwest Airlines in the Philippines, received a letter promoting him to Director of International Sales in Minneapolis but he refused due to personal/family reasons. - The court ruled the letter was a promotion, not just a transfer, as it advanced Dosch to a higher position with increased duties, responsibilities and salary. - An employee cannot be compelled to accept a promotion as it is a reward they have a right to refuse. By refusing, Dosch was exercising his legal right and could not be punished

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    LABOR CASES 4th tranche: Management Prerogative Case No.

    Dosch vs. NLRC, 123 SCRA 296 [1983]


    Facts:
    Helmut Dosch, an American citizen, married to a Filipina, was the resident Manager
    of Northwest Airlines, Inc. in the Philippines. He has to his credit eleven (11) years of
    continuous service with the company, including nine (9) years as Northwest Manager with
    station at Manila. He received an inter-office communication from R.C. Jenkins, Northwest's
    Vice President for Orient Region based in Tokyo, promoting him to the position of Director of
    International Sales and transferring him to Northwest's General Office in Minneapolis,
    U.S.A., effective immediately. Dosch in his letter, expressed appreciation for the promotion
    and at the same time regretted that "for personal reasons and reasons involving his family,
    he is unable to accept a transfer from the Philippines and that he would, therefore, prefer to
    remain in his position, of Manager-Philippines until such time that his services in that
    capacity are no longer required by the company. Petitioner tried to resume his duties as
    Manager after an authorized
    vacation but the Vice-President for the Orient Region of Northwest advised petitioner that in
    view of his letter, his status as an employee of the company ceased on the close of business
    and the company therefore considers his letter to be a resignation without notice.

    Issue:
    1. Whether or not the employer’s letter constitute a transfer as a valid exercise of a
    management prerogative?

    Ruling:
    No, Jenkins’ letter is a letter directing the promotion of Dosch from his position as
    Philippine manager to Director of International Sales in Minneapolis, U.S.A. It is not merely a
    transfer order alone but as the Solicitor General correctly observes, "it is more in the nature
    of a promotion that a transfer, the latter being merely incidental to such promotion." The
    inter-office communication of Vice President Jenkins is captioned "Transfer" but it is
    basically and essentially a promotion for the nature of an instrument is characterized not by
    the title given to it but by its body and contents. The communication informed the petitioner
    that effective August 18, 1975, he was to be promoted to the position of Director of
    International Sales, and his compensation would be upgraded and the payroll accordingly
    adjusted.

    Petitioner was, therefore, advanced to a higher position and rank and his salary was
    increased and that is a promotion. It has been held that promotion denotes a scalar ascent
    of an officer or an employee to another position, higher either in rank or salary. In the
    Millares case above, the Supreme Court, speaking thru Acting Chief Justice J.B.L. Reyes,
    distinguished between transfer and promotion as follows: "A transfer is a movement from
    one position to another of equivalent rank, level or salary, without break in the service.
    Promotion, on the other hand, is the advancement from one position to another with an
    increase in duties and responsibilities as authorized by law, and usually accompanied by an
    increase in salary. Whereas, promotion denotes a scalar ascent of a senior officer or
    employee to another position, higher either in rank or salary, transfer refers to lateral
    movement from one position to another, of equivalent rank, level or salary." There is no law
    that compels an employee to accept a promotion, as a promotion is in the nature of a gift or
    a reward, which a person has a right to refuse. When petitioner refused to accept his
    promotion to Director of International Sales, he was exercising a right and he cannot be
    punished for it as qui jure suo utitur neminem laedit. He who uses his own legal right injures
    no one.

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