CSC restores city hall employee worker to original post
A SECOND level employee of the Dagupan City government was restored to his original post and duties and responsibilities after he opposed his reassignment to Waste Management Division by Mayor Brian Lim.
In a decision promulgated by Civil Service Commission (CSC) Region 1 on February 6, Julius Alcaide was ordered back to the City Treasurer’s Office as Administrative Officer III (Cashier II) from the Waste Management Division effective July 15, 2019 in a decision handed down by Hedy Jose Lardizabal, CSC director IV.
Alcaide appealed his reassignment on Oct. 29, 2019 after he was ordered to report to WMD by Bernard Cabison, OIC WMD chief, initially as monitoring team leader on cleanliness at Malimgas Market, then as Basura Patroller and as waste inspector of different barangays.
In his letter to CSC, Alcaide wanted to determine whether his reassignment to WMD amounted to constructive dismissal, since there was no justification in his reassignment and tasks assigned “were inconsistent with the duties and responsibilities of my position.”
Alcaide said his reassignment “was done indiscriminately and whimsically to harass and or oppress me,” citing the fact that his reassignment was made only a few days after the Lim administration took over. He was appointed to his present position in 2017 during the administration of then Mayor Belen Fernandez.
Mayor Lim and Cabison were asked by the CSC to comment on Alcaide’s appeal. However, only Cabison responded.
The CSC agreed that Alcaide was reassigned to WMD without specific duties and whose task “is patently inconsistent with his duties and functions as Cashier II,” and was made to perform functions “that are more servile or manual” and “involves a significant reduction in his rank and status.”
Director Lardizabal cited CSC Decision No. 211 31167 in 2013 deciding that a reassignment of an employee without specific duties and functions of his/her former position or office “must be disallowed.”
The CSC explained that an indefinite reassignment is considered a violation of the employee’s security of tenure and “is indicative of constructive dismissal” and declared the memorandum that reassigned him to WMD as invalid.
Alcaide is reportedly considering filing a case before the Ombudsman. (Leonardo Micua)
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