Peckson v. Robinsons Supermarket Corporation (2013)

Peckson v. Robinsons Supermarket Corporation, G.R. No. 198534, July 3, 2013, Reyes, J.:

1. Background

• The [complainant-employee] first joined the Robinsons Supermarket Corporation (RSC) as a Sales Clerk on November 3, 1987. On October 26, 2006, she was holding the position of Category Buyer when respondent Roena Sarte (Sarte), RSC’s Assistant Vice-President for Merchandising, reassigned her to the position of Provincial Coordinator, effective November 1, 2006. Claiming that her new assignment was a demotion because it was non-supervisory and clerical in nature, [the employee] refused to turn over her responsibilities to the new Category Buyer, or to accept her new responsibilities as Provincial Coordinator. Jody Gadia (Gadia) and Ruby Alex (Alex) were impleaded because they were corporate officers of the RSC.

• In a memorandum to [the employee] dated November 13, 2006, the RSC, through Sarte, demanded an explanation from her within 48 hours for her refusal to accept her new assignment despite written and verbal demands. Sarte cited a company rule, Offenses Subject to Disciplinary Action No. 4.07, which provided that “[d]isobedience, 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.

• [The employee] ignored the 48-hour deadline to explain imposed by Sarte. On November 23, 2006, Sarte issued her another memora...

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