Thursday, February 26, 2009

BISIG MANGGAGAWA SA TRYCO V. NLRC (LABOR)


The SC had no reason to deviate from the well-entrenched rule that FINDINGS OF FACT OF LABOR OFFICIALS, WHO ARE DEEMED TO HAVE ACQUIRED EXPERTISE IN MATTERS WITHIN THEIR RESPECTIVE JURISDICTION, ARE GENERALLY ACCORDED NOT ONLY RESPECT BUT EVEN FINALITY, AND BIND THE SC WHEN SUPPORTED BY SUBSTANTIAL EVIDENCE. This is particularly true when the findings of the Labor Arbiter, the NLRC, and the CA are in absolute agreement.

While the law is solicitous of the welfare of the employees, it must also protect the right of an employer to exercise what are clearly MANAGEMENT PREROGATIVES. The free will of the management to conduct its own business affairs to achieve its purpose cannot be denied. This prerogative extends to the management's right to regulate, according to its own discretion and judgment, all aspects of employment, including the freedom to transfer and reassign employees according to the requirements of its business.

Management prerogative of transferring and reassigning employees from one area of operation to another in order to meet the requirements of the business is therefore generally not constitutive of constructive dismissal.




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