th Division said the NLRC did not abuse its discretion in“We see no indication or any submission in the petition that the court may examine to determine how the NLRC acted capriciously and whimsically or in total disregard of evidence material to the controversy,” said the appellate court.
The commission earlier held that INEC did not act in bad faith when it ruled the employee was no longer qualirst hired the employee as a driver in 2009 and terminated his employment in 2013, which led to an illegal dismissal complaintThe NLRC had ruled in favor of the former employee and ordered his reinstatement as driver, with back pay.
INEC then reassigned him to its mini hydroelectric power plant in Pagudpud, Ilocos Norte as a maintenance helper in the pole farm department.It also argued that a leg injury sustained by the employee rendered him incapable of performing the duties of a driver.The NLRC found that the reassignment was not a demotion since benefits and pay remained the same.ed its employees about the redundancy plan when it automated the power plant.
“It cannot be said that INEC’s redundancy program was unfair or unreasonable,” the CA said. “It was within the ambit of its management prerogative.” —
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