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Sentinel Security vs. NLRC, Cabano and Phil-Am Life vs NLRC, Zambo

SENTINEL SECURITY AGENCY, INC., petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, ADRIANO CABANO, JR., VERONICO C. ZAMBO, HELCIAS ARROYO, RUSTICO ANDOY, and MAXIMO ORTIZ, respondents. and PHILIPPINE AMERICAN LIFE INSURANCE COMPANY, petitioner, vs.NATIONAL LABOR RELATIONS COMMISSION, VERONICO ZAMBO, HELCIAS ARROYO, ADRIANO CABANO, MAXIMO ORTIZ, and RUSTICO ANDOY, respondents

G.R. No. 122468 and G.R. No. 122716 | 1998-09-03

D E C I S I O N
 
PANGANIBAN, J.:

The transfer of an employee involves a lateral movement within the business or operation of the employer, without demotion in rank, diminution of benefits or, worse, suspension of employment even if temporary. The recall and transfer of security guards require reassignment to another post and are not equivalent to their placement on "floating status." Off-detailing security guards for a reasonable period of six months is justified only in bona fide cases of suspension of operation, business or undertaking.

The Case

This is the rationale used by the Court in dismissing the two consolidated...