G.R. No. 198534. July 3, 2013.
Peckson was holding the position of Category Buyer in RSC when respondent Sarte, RSC’s Assistant Vice-President for Merchandising, reassigned her to the position of Provincial Coordinator. The petitioner refused to turn over her responsibilities claiming that her new assignment was a demotion because it was non-supervisory and clerical in nature.
Sarte demanded twice for an explanation within 48 hours and cited one of its company rules which “disobedience, refusal or failure to do assigned task or to obey superior’s/official’s orders/instructions, or to follow established procedures or practices without valid reason” would be meted the penalty of suspension. She also assigned tasks which Peckson refused to heed.
Petitioner filed a complaint for constructive dismissal against RSC, Sarte, Gadia and Alex (respondents). The petitioner argued before the LA that the position of Category Buyer was one level above that of the Provincial Coordinator thus a demotion.