Professional Documents
Culture Documents
advancement of the employers interest and not for the purpose of defeating or
circumventing the rights of the employees under special laws or under valid
agreements, this Court will uphold such exercise.
.
31. Sentinel Security Agency, Inc. vs. NLRC, G. R. No. 122468, Sept. 3,
1998
Topic: What is the extent of managements prerogative to transfer or re-assign
workers?
Transfer; concept and meaning.
Nature: Certiorari seeking the reversal of the two petitions to the NLRCFacts:
Facts:
Five employees of Sentinel Security Agency filed for illegal dismissal against
the Agency and its Client Philamlife Cebu and prayed for payment of salary
differential, service incentive pay, and separation pay. The complainants were
assigned to Philamlife Cebu but after nearly 20 years for some employees and more
than 20 years for some, Philam requested on Dec 16,1993 that security guards be
replaced in the Clients offices in Cebu, Bacolod, CDO, Dipolog and Iligan.
Agency issued a Relief and Transfer Order replacing the guards and for them
to be reassigned to other clients effective on Jan 16 1994. On Jan 18 and Feb 4
1994,the employees filed an illegal dismissal complaint because of a threat from the
personnel manager who told them that they were replaced because they were old.
Hence the complaint against the Agency and the Client.
Client and Agencys defense: No dismissal because the contract allows them
to recall security guards from assigned posts at the will of either party and that the
Agency is allowed for a period of not more than six months, to retain the
complainants on floating status. Agency should have been given a chance to give
new assignments to complainants.
Clients defense: No ER-EE relationship. Job contract,separate corporate
personalities and not necessary anddesirable to the business or trade
Issue:
Whether or not the agency validly exercised the prerogative of management to
transfer an employee from one office to another
Held:
No. The Agency illegally dismissed the complainants.
In several cases, the Court has recognized the prerogative of management to
transfer an employee from one office to another within the same business
establishment, as the exigency of the business may require, provided that the said
transfer does not result in a demotion in rank or a diminution in salary, benefits and
other privileges of the employee;[18] or is not unreasonable, inconvenient or
prejudicial to the latter;[19] or is not used as a subterfuge by the employer to rid
himself of an undesirable worker. [20]
A transfer means a movement (1) from one position to another of
equivalent rank, level or salary, without a break in the service; [21] and (2)
from one office to another within the same business establishment.[22] It is