Peckson V Robinsons Supermarket

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JENNY F. PECKSON, Petitioner, v.

ROBINSONS SUPERMARKET
CORPORATION, JODY GADIA, ROENA SARTE, and RUBY ALEX,
Respondents.
(G.R. NO. 198534; JULY 3, 2013)

Facts of the Case:

A former Category Buyer turned to be a Provincial Director filed a complaint against the
respondent company on the ground that she firmly believed that the re-assignment given to
her was a demotion and hence she refused to go to her re-assignment and intended to resign.
The Labor Arbiter held that re-assignment is a STRICT PREROGATIVE OF THE
MANAGEMENT/EMPLOYER and cannot refuse with it eventhough the salary is just the same,
hence, a manifestation of insubordination and a matter of dismissal. This decision was affirmed
by the NLRC and Court of Appeals.

Issues:

Whether or not there is a management prerogative

Held:

Under the doctrine of management prerogative, every employer has the inherent right to
regulate, according to his own discretion and judgment, all aspects of employment, including
hiring, work assignments, working methods, the time, place and manner of work, work
supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of
employees.

Limitations: those (1) imposed by labor laws and (2) the principles of equity and substantial
justice.

Transfer of employees guidelines: (Rural bank of Cantilan, Inc vs. Julve)


(a) a transfer is a movement from one position to another of equivalent rank, level or salary
without break in the service or a lateral movement from one position to another of equivalent
rank or salary;
(b) the employer has the inherent right to transfer or reassign an employee for legitimate
business purposes;
(c) a transfer becomes unlawful where it is motivated by discrimination or bad faith or is
effected as a form of punishment or is a demotion without sufficient cause;
(d) the employer must be able to show that the transfer is not unreasonable, inconvenient, or
prejudicial to the employee.

We agree with the appellate court that the respondents are justified in moving the petitioner to
another equivalent position, which presumably would be less affected by her habitual tardiness
or inconsistent attendance than if she continued as a Category Buyer, a frontline position in the
day-to-day business operations of a supermarket such as Robinsons.

Decision:

Petition DENIED

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