@alburolaw: The long wait is over! Here’s the answer to last Monday’s question Eddie, an employee at ABC Company, was informed by his supervisor during a casual conversation that, due to operational requirements, he would be reassigned from his current work assignment at the Makati City office to the Pasig City office. Eddie requested a written memorandum or email confirming the transfer, including details of his new assignment, position, and salary, but no written notice was provided. Although Eddie attended the first day of the required training at his new assignment, he did not report for work thereafter. Instead, he filed a complaint for illegal dismissal. During the pendency of the case, ABC Company issued two (2) Return-to-Work Orders (RTWOs). In its defense, ABC Company denied dismissing Eddie, asserting that the reassignment was a valid exercise of its management prerogative to transfer employees whenever necessary for the company’s operational needs, as allegedly authorized under the employment contract. ABC Company further claimed that Eddie’s refusal to comply with the transfer and the Return-to-Work Orders constituted insubordination, which became the basis for his eventual dismissal. Was Eddie’s dismissal valid? The answer is… No. Eddie’s dismissal was not valid. In Reliable Industrial and Commercial Security Agency, Inc. v. Court of Appeals, G.R. No. 190924, September 14, 2021, the Supreme Court held the jurisprudential guidelines concerning the transfer of employees that the employer has the inherent right to transfer or reassign an employee for legitimate business purposes and a transfer becomes unlawful where it is motivated by discrimination or bad faith or is effected as a form of punishment or is a demotion without sufficient cause. In this case, although ABC Company claimed that Eddie's reassignment was due to operational requirements, it failed to provide the written memorandum or email that Eddie requested confirming the details of his new assignment, position, and salary. As a result, Eddie was left uncertain as to the terms and conditions of his reassignment. The Return-to-Work Orders were likewise issued only after Eddie had already filed a complaint for illegal dismissal, indicating that the company failed to properly implement the transfer in the first place. Without a validly communicated transfer order, Eddie's failure to report for work cannot be considered willful insubordination. Consequently, ABC Company failed to establish a just cause for dismissal. Therefore, Eddie's dismissal was invalid. Want to know more? Explore and register for ALTC’s public seminars and in-house training programs and give your team a legal advantage in the workplace. Public seminar: alburolaw.com/trainings In-house Training: alburolaw.com/trainings For inquiries: 📞 (02) 7745-4391 | 0917 154 3825 | 0917 154 5681 | 0977 805 0015 | 0977 805 0020 📧 [email protected] #CollectiveBargainingPH #RankAndFileEmployees #TrainwithAlburoLaw#CollectiveBargainingPH#RankAndFileEmployees#TrainWithAlburoLaw#TrainwithAlburo#AlburoLawTrainingCenter#HRCompliance#HRPractices#EmployeeRelations#WorkplaceDiscipline#DueProcessAtWork#IllegalDismissal #AlburoLaw #LegalAwareness #Training #ProfessionalGrowth #SealTheDeal #ContractWriting #ParalegalTraining #WorkplaceSecurity #TheftPrevention

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Friday 03 July 2026 07:00:00 GMT