The employer is charged with the burden of proving that its conduct and action are for valid and legitimate grounds and that the transfer is not unreasonable, inconvenient or prejudicial to the employee. If the employer cannot overcome this burden of proof, the employee’s transfer shall be tantamount to constructive dismissal.
Was the employee’s experience burdensome enough to make her tenure unbearable?
The Supreme Court stressed that in resolving issues of constructive dismissal, one does not only weigh the evidence presented by the parties, but also delve into the totality of circumstances in a case.
Find out why an employer was still held liable for constructive dismissal even if it had no hand in the sexual harassment committed by its supervisor.
Find out why the Supreme Court did not believe the employer’s claim of voluntary resignation by the employee.
Learn the requirements for validly placing an employee on floating status.