separation pay in lieu of reinstatement Archives

October 11, 2017

Published by Atty Elvin B. Villanueva at October 11, 2017

SEPARATION PAY CANNOT BE AWARDED TO EMPLOYEE WHO WAS NOT DISMISSED FROM SERVICE

Separation pay is warranted when the cause for termination is not attributable to the employee’s fault, such as those provided in Articles 298 and 299 of […]

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, […]

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 […]