Case Digest (G.R. No. 198534)
Facts:
Jenny F. Peckson v. Robinsons Supermarket Corporation, et al., G.R. No. 198534, July 03, 2013, Supreme Court First Division, Reyes, J., writing for the Court. Petitioner Jenny F. Peckson (petitioner) sued Robinsons Supermarket Corporation (RSC) and corporate officers Jody Gadia, Roena Sarte, and Ruby Alex (respondents) for constructive dismissal following her reassignment. Petitioner began employment with RSC as a sales clerk in 1987 and by October 26, 2006 was a Category Buyer; on that date respondent Sarte, RSC’s Assistant Vice-President for Merchandising, reassigned her to Provincial Coordinator effective November 1, 2006.Petitioner refused to turn over Category Buyer duties or assume the Provincial Coordinator tasks, claiming the reassignment was a demotion and non-supervisory/clerical. Respondents demanded explanations by written memoranda (November 13 and November 23, 2006); petitioner filed a one-paragraph reply on November 27, 2006 and had already filed a complaint for constructive dismissal on November 9, 2006. RSC claimed the two positions were Job Level 5 with similar salary and responsibilities and relied on petitioner’s history of habitual tardiness, poor performance ratings, and prior disciplinary suspensions to justify reassignment.
Labor Arbiter Arthur L. Amansec dismissed petitioner’s constructive dismissal complaint in a decision dated May 30, 2007, finding the transfer a valid exercise of management prerogative and petitioner’s refusal amounted to insubordination. Petitioner tendered a written resignation on June 22, 2007. The National Labor Relations Commission (Presiding Commissioner Gerardo C. Nograles) affirmed the Labor Arbiter on February 25, 2009, holding the transfer was lateral, required discretion and independent judgment, and was not motivated by bad faith. On certiorari to the Court of ...(Pro-only)
Issues:
- Were the NLRC’s and CA’s findings of fact supported by substantial evidence such that this Court should not disturb them?
- Did the reassignment of petitioner from Category Buyer to Provincial Coordinator constitute a demotion amounting to constructive dismissal?
- Was due process observed in the reassignment and subsequent administ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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