Friday, May 22, 2009

SORIANO V. NLRC (LABOR)


FACTS: PLDT utilized high technology equipment in its operations such as computers and digital switches which necessarily resulted in the reduction of the demand for the services of a switchman.

HELD: Dismissal was valid. PLDT submitted the relevant documents attesting redundancy of employing switchmen and it has also paid separation pay to the dismisses workers.

PLDT as employer, has the recognized right and prerogative to select persons to be hired and to designate the work as well as the employees to perform it. This includes the right of PLDT to determine the employees to be retained or discharged and who among the applicants are qualified and competent for a vacant position. The rationale for this principle is that PLDT is in the best position to ascertain what is proper for the advancement of its business interest. Thus, this Court cannot interfere with the wisdom and soundness of PLDT's decision as to who among the switchmen should be retained or discharged or who should be transferred to vacant positions, as long as such was made in good faith and not for the purpose of curbing the rights of the employees.

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