Practice question
A documented reorganization assigns an employee to an equivalent role suited to the employee’s skills. Rank, salary, benefits, and meaningful responsibilities remain equivalent; the facts establish good faith and no unreasonable burden or discriminatory purpose. The employee argues that the absence of personal preference for the new assignment alone proves constructive dismissal. Which is the best answer?
- The argument necessarily succeeds for every transfer
- Preference alone does not negate the stipulated legitimate transfer; management retains authority within the stated limits
- The employer may now disregard every future contractual obligation
- Constructive dismissal never exists in any transfer case
- The employee’s refusal automatically proves a dismissible offense without further inquiry
Legal references
- https://lawphil.net/judjuris/juri2010/oct2010/gr_163091_2010.html — Coca-Cola Bottlers Philippines, Inc. v. Del Villar, GR 163091, October 6, 2010, main decision; legitimate transfers, demotion, and employer proof.
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