reinstatement Archives - EBV Law Office

March 25, 2017

Published by Atty Elvin B. Villanueva at March 25, 2017

REVERSAL OF THE DECISION OF THE LABOR ARBITER TERMINATES THE DUTY OF EMPLOYER TO REINSTATE EMPLOYEE

Manila Doctors College and Teresita O. Turla Vs. Emmanuel M. Olores G.R. No. 225044. October 3, 2016 Facts: Respondent was a faculty member of petitioner Manila […]

July 26, 2017

Published by Atty Elvin B. Villanueva at July 26, 2017

SALARIES AND BENEFITS ACCRUE TO WORKER ORDERED REINSTATED UNTIL REVERSAL OF SUCH DECISION BY HIGHER TRIBUNAL

Salaries and benefits should be given to an employee who was ordered reinstated by the Labor Arbiter until reversal of the latter’s decision by the higher […]

January 6, 2018

Published by Atty Elvin B. Villanueva at January 6, 2018

REDUNDANCY CRITERIA SHOULD NOT BE LIMITED TO STATUS, EFFICIENCY, OR PROFICIENCY; EMPLOYER MAY RESORT TO USING OTHER INDICATORS IN DETERMINING WHO WILL REMAIN WITH THE COMPANY UPON DOWNSIZING ITS PAYROLL

Redundancy criteria in ascertaining what positions are to be declared redundant must be determined for validity of redundancy. While this is a management prerogative, in this […]

January 25, 2018

Published by Atty Elvin B. Villanueva at January 25, 2018

REINSTATEMENT WITHOUT BACKWAGES IS THE PROPER REMEDY WHERE EMPLOYEES WERE NOT ILLEGALLY DISMISSED AND DID NOT ALSO ABANDON THEIR JOBS

Reinstatement without backwages is the remedy if the employees were not illegally dismissed but also did not abandon their jobs. Where reinstatement was already impossible by […]

January 25, 2018

Published by Atty Elvin B. Villanueva at January 25, 2018

EMPLOYER AND EMPLOYEES MUST BEAR THEIR OWN LOSS IN A CASE WHERE REINSTATEMENT IS NOT POSSIBLE DUE TO STRAINED RELATIONS AND THE FACT THAT EMPLOYEES ALREADY FOUND ANOTHER EMPLOYMENT

Employer cannot bear the economic burden in a case where reinstatement is not possible due to strained relations. Thus, the SC ruled in a November 20, […]

February 9, 2018

Published by Atty Elvin B. Villanueva at February 9, 2018

STRAINED RELATIONS, AS A REMEDY AGAINST REINTATEMENT ORDER, DO NOT APPLY IN POSITION NOT REPOSED WITH TRUST AND CONFIDENCE

Strained relations must be demonstrated as a fact. The doctrine of strained relations should not be used recklessly or applied loosely nor be based on impression […]

September 4, 2018

Published by Atty Elvin B. Villanueva at September 4, 2018

APPEAL FROM THE LABOR ARBITER DECISION IS NOT ALLOWED DURING EXECUTION BUT ONE FILED MAY BE CONSIDERED A VERIFIED PETITION TO PREVENT INJUSTICE TO AN ILLEGALLY DISMISSED EMPLOYEE

Appeal from an order issued by a Labor Arbiter in the course of execution proceedings is a prohibited pleading under Rule 5, Section 5 of the […]

June 5, 2020

Published by Atty Elvin B. Villanueva at June 5, 2020

REINSTATEMENT OF PREVENTIVELY SUSPENDED WORKER WHO WAS EXONERATED IS NOT SATISFIED BY MERE “DESIRE TO REINSTATE”

Reinstatement of an employee who was cleared of charges that were the bases of preventive suspension is the duty of the employer failing which there can […]