PT&T v. Court of Appeals
Facts:
1. The petitioner company is engaged in providing telegraph and communication services through its different branches while the Private Respondents are its employees. After conducting a study, the petitioner implemented a relocation restructuring program wherein the private respondents were given options to choose a branch where they will transfer. Those who accept will be offered allowances and other benefits.
2. The private respondents however, rejected the offer on the ground that the transfer would cause difficulties since the branches were far and would entail separation from their respective families. The petitioner considered the refusal as insubordination and willful disobedience and thus dismissed the private respondents. This prompted the respondents to file a complaint for illegal dismissal while the union filed a ULP case against the company.
3. The petitioner alleged that the tranffer was an exercise of management prerogative and was done in good faith aimed at decongesting surplus employees. The Labor Arbiter dismissed the complaint for lack of merit but the NLRC reversed the decision and held that the respondents were illegally dismissed. It interpreted the transfers as a promotion, hence the respondents had the right to accept or refuse. They could not be dismissed on the ground of refusing a promotion.
Issue: Whether or not there is a valid ground to dismiss the private respondents/Whether or not the transfers are considered as promotions
RULING: Yes, the transfers are in fact promotions. An employee cannot be promoted without his consent. Moreover, there is no law compelling an employee to accept a promotion because it is in the nature of a gift or rewarrd which he can refuse. His refusal cannot therefore be considered as an insubordination or willful disobedience of a lawful order of an employer. Hence, there is no valid cause for the private respondents' dismissal.
Philippine Labor Law information from Amazon:
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