Facts:
Petitioner was hired as secretary to respondent (Delfin), the president of DMWAI there after appointed as executive assistant to the president of respondent WORC. Sometime in 2002, the BIR informed Delfin of the tax deficiency allegations against his companies. On November 2002, he discovered that “various very important files”11 of DMWAI were missing. He required the employees to answer a questionnaire but the petitioner failed to comply. ThusDelfin sent a letter17 to petitioner informing her that she would be placed under a 30-day preventive suspension and another 15 days with pay. After 45 day period, she reported back to work and was transferred to the Cavite city branch. Thereafter, petitioner amended her Complaint for illegal suspension to include constructive illegal dismissal.
CA ruled, that the transfer of petitioner was justified, considering the gravity of the offense she was being charged with.41
Issue:
w/n the transfer is valid.
Held:
Yes. An employer has the inherent right to transfer or assign an employee in pursuance of its legitimate business interest, subject only to the condition that the move be not motivated by bad faith. Having lost his trust and confidence in petitioner, respondent Delfin had the right to transfer her to ensure that she would no longer have access to the companies’ confidential files. Although it is true that petitioner has yet to be proven guilty, respondents had the authority to reassign her, pending investigation.
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