This case has been cited 4 times or more.
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2013-10-08 |
SERENO, C.J. |
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| Courts may grant separation pay in lieu of reinstatement when the relations between the employer and the employee have been so severely strained; when reinstatement is not in the best interest of the parties; when it is no longer advisable or practical to order reinstatement; or when the employee decides not to be reinstated.[97] In this case, respondent employees expressly pray for a grant of separation pay in lieu of reinstatement. Thus, following a finding of illegal dismissal, we rule that they are entitled to the payment of separation pay equivalent to their one-month salary for every year of service as an alternative to reinstatement. | |||||
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2013-04-01 |
VELASCO JR., J. |
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| Reinstatement is no longer viable where, among other things, the relations between the employer and employee have been so severely strained, that it is not in the best interest of the parties, nor is it advisable or practical to order reinstatement.[32] Under the doctrine of strained relations, payment of separation pay is considered an acceptable alternative to reinstatement when the latter option is no longer desirable or viable.[33] Indeed, separation pay is made an alternative relief in lieu of reinstatement in certain circumstances, such as: (1) when reinstatement can no longer be effected in view of the passage of a long period of time or because of the realities of the situation; (2) reinstatement is inimical to the employer's interest; (3) reinstatement is no longer feasible; (4) reinstatement does not serve the best interests of the parties involved; (5) the employer is prejudiced by the workers' continued employment; (6) facts that make execution unjust or inequitable have supervened; or (7) strained relations between the employer and the employee.[34] | |||||
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2013-04-01 |
VELASCO JR., J. |
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| Where reinstatement is no longer viable as an option, separation pay equivalent to one (1) month salary for every year of service should be awarded as an alternative.[35] In lieu of reinstatement, petitioner is entitled to separation pay equivalent to one (1) month salary for every year of service reckoned from the time he commenced his employment with TAWTRASCO until finality of this Decision. | |||||
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2012-06-13 |
MENDOZA, J. |
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| In light of the above discussion, Vallota is entitled to reinstatement and backwages, reckoned from the date he was illegally dismissed until the finality of this decision in accordance with jurisprudence.[62] | |||||