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Eliseo B. Tan vs. National Labor Relations Commission, et al.

ELISEO B. TAN, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, UNITED LABORATORIES INC., JULIO SISON, FRANCISCO PAMINTUAN, TAN WAN LIAN and DELFIN SAMSON, respondents.

G.R. No. 128290 | 1998-11-24

D E C I S I O N


PANGANIBAN, J.:

The employer has the prerogative to transfer an employee when the interest of the business so requires. When 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. Furthermore, sanctions must be imposed upon an employer for failure to observe the requirements of due process in effecting a lawful dismissal.

Statement of the Case

These principles are applied by this Court in resolving this petition for certiorari under Rule 65 of the Rules of Court assailing the October 8, 1996 Decision1 [Rollo,...