FACTS: Private respondent is a lady Security Guard of OSS Security Agency. He was last assigned at Vicente Madrigal Condominium II located in Ayala Avenue, Makati. In a memorandum, the Building Administrator of VM Condominium II complained of the laxity of the guards in enforcing security measures and requested to reorganize the men and women assigned to the building to induce more discipline and proper decorum. Petitioner was then transferred to Minami International Corporation in Taytay, Rizal. Private respondent filed a complaint alleging that her transfer amounted to an unjust dismissal. The NLRC ruled that transfer of private respondent was illegal.
ISSUE: Whether or not the transfer of private respondent was illegal.
HELD: No. Service oriented enterprises adhere to the business adage that, “the customer is always right.” In the employment of personnel, the employer has management prerogatives subject only to limitations imposed by law. The transfer of an employee would only amount to constructive dismissal when such is unreasonable, inconvenient, or prejudicial to the employee, and when it involves a demotion in rank or diminution of salaries, benefits and other privileges. In this case, the transfer was done in good faith and in the best interest of the business enterprise. Evidence does not show that petitioner discriminated against private respondent in effecting her transfer as such was done to comply with a reasonable request. Also, the mere inconvenience of a new job assignment does not by itself make the transfer illegal.
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