Myline Cordial

Tan vs. NLRC, United Laboratories, et. al
G.R. No. 128290. November 24, 1998

FACTS:
Petitioner Eliseo Tan was a sales supervisor of respondent Unilab who was assigned to cover the Bicol Region accounts of the company. He attended a six-month management training course which Unilab sponsored in Manila. Meanwhile, his covered route of assignment was assigned to other salesmen then stationed in Bicol. After the training, he was temporarily assigned in Sorsogon to rehabilitate its flagging market. After a while, he complained that his temporary assignment did not match his experience, training and capabilities. He went on leave of absence then suddenly stopped reporting for work. The company served him Notice of Termination.

ISSUE:
1. Whether or not the transfer of assignment of petitioner from Naga City to Sorsogon without his consent is tantamount to constructive dismissal.
2. Whether or not the termination of employment of petitioner is illegal.
3. Whether or not petitioner is entitled to the reliefs prayed for in his two (2) complaints.

RULING:
The Court held that the dismissal of petitioner was for a valid cause, but his dismissal was effected without due process.

The employer has the prerogative to transfer an employee when the interest of the business so requires so long as the transfer is not unreasonable, discriminatory or attended by a demotion in rank or a diminution in pay, such transfer cannot be deemed a constructive dismissal.

However, sanctions must be imposed upon an employer for failure to observe the requirements of due process in effecting a lawful dismissal. For a dismissal to be validly effected, the twin requirements of due process notice and hearing must be observed. In dismissing an employee, an employer has the burden of proving that the former worker has been served two notices: (1) one to apprise him of the particular acts or omissions for which his dismissal is sought and (2) the other to inform him of his employer’s decision to dismiss him. As to the requirement of a hearing, the essence of due process lies simply in an opportunity to be heard, and not always and indispensably in an actual hearing.

Since petitioners dismissal was for a just cause, the dismissal shall be upheld but the employer must be sanctioned for non-compliance with the requirements of or for failure to observe due process.The employer was ordered to indemnify the employee in the amount of P5,000 as indemnity.