The employee was employed as a Lithographer since Nov 3, 1986. Due to financial problems, in 2009 the Company decided to restructure and reduce the total number of staff and transfer the rest based on their skills, competencies and qualifications.
Later, the Company reassigned the employee to the Return Section as a Checker with no change in her salary and in accordance with the Collective Agreement signed with National Union of Newspaper Workers (NUNW). However, the employee did not report for duty on June 1, 2009.
The Company held an inquiry on June 12, 2009. The Panel found her guilty and decided to terminate her employment with immediate effect on grounds of insubordination.
Based on the evidence adduced by both parties, the Court found that the Company was justified in conducting the transfers and restructuring exercise as a result of financial problems.
Thus, the transfer and reassignment of Lithographers including the employee to other departments based on their skills competencies and qualifications was bona fide and in the interest of its business.
Dismissal with just cause and excuse.