This case has been cited 2 times or more.
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2012-06-13 |
MENDOZA, J. |
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| While the law and this Court recognize the right of an employer to dismiss an employee based on loss of trust and confidence, the evidence of the employer must clearly and convincingly establish the facts upon which the loss of trust and confidence in the employee is based.[46] | |||||
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2001-10-08 |
SANDOVAL-GUTIERREZ, J. |
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| As illegally dismissed employees, private respondents are therefore entitled to reinstatement without loss of seniority rights and other privileges and to full backwages, inclusive of allowances, plus other benefits or their monetary equivalent computed from the time their compensation was witheld from them up to the time of their actual reinstatement.[9] Since they were dismissed after March 21, 1989, the effectivity date of R.A. 6715[10] they are granted full backwages, meaning, without deducting from their backwages the earnings derived by them elsewhere during the period of their illegal dismissal.[11] If reinstatement is no longer feasible, as when the relationship between petitioner and private respondents has become strained, payment of their separation pay in lieu of reinstatement is in order.[12] | |||||