Dear Atty. Joji,
I am a Customer Service Representative from a well-known BPO here in Metro Manila. Upon regularization, I was informed by our human resource office that I will be transferred to a different account and will be subjected anew to training, assessment and examinations with the said account. I was informed that my refusal to take the examinations would result to termination on the ground of redundancy. Since I refused to undergo training and examinations, I received a notice informing me of my dismissal due to redundancy. Was I validly dismissed, Atty.?
Armand
*****
Dear Armand,
The Supreme Court stated that in termination cases, the employer bears the burden of proving that the employee’s dismissal was for a valid and authorized cause. Consequently, an employer’s failure to prove that the dismissal was valid renders the dismissal illegal.
In the case of Teletech Customer Care Management Philippines, Inc. v. Gerona, Jr., G.R. 219166, 10 November, 2021, the Supreme Court reiterated established principles by stating that redundancy exists when an employee’s services are in excess of what is reasonably demanded by the actual requirements of the business. To successfully invoke a valid dismissal due to redundancy, the company must provide substantial proof that the services of the employees are in excess of what is required of the company.
“The Court was not convinced of the alleged decline in the employer’s business and the expected decrease in volume of calls. This was because other than the bare assertions of the human capital delivery site manager, the Court found no other evidence proving the business slow down or the alleged low volume of calls. As such, the employer’s failure to prove redundancy, coupled with the imposition of a prejudicial condition to retain employment, rendered the offer of transfer invalid. Jurisprudence provides that:
“[F]or a transfer not to be considered a constructive dismissal, the employer must be able to show that such transfer is not unreasonable, inconvenient, or prejudicial to the employee; nor does it involve a demotion in rank or a diminution of his salaries, privileges and other benefits. Failure of the employer to overcome this burden of proof, the employee’s demotion shall no doubt be tantamount to unlawful constructive dismissal.”
Similar to the above-stated case, the Transfer Agreement may have been also prejudicial to you if the fact of redundancy cannot substantially be proven by your employer. According to the Court, by requiring the employee to pass additional trainings and examination as a condition to retain his employment under the pain of dismissal, the employer disregarded such employee’s right to security of tenure. The employer’s failure to prove redundancy, coupled with the imposition of a prejudicial condition to retain employment, rendered the offer of transfer and/or dismissal invalid.
I hope to have enlightened you with your query.
Atty. Joji Alonso