This case has been cited 2 times or more.
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2013-06-26 |
BERSAMIN, J. |
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| In case the reinstatement is no longer possible, however, an award of separation pay, in lieu of reinstatement, will be justified.[48] The Court has ruled that reinstatement is no longer possible: (a) when the former position of the illegally dismissed employee no longer exists;[49] or (b) when the employer's business has closed down;[50] or (c) when the employer-employee relationship has already been strained as to render the reinstatement impossible.[51] The Court likewise considered reinstatement to be non-feasible because a "considerable time" has lapsed between the dismissal and the resolution of the case.[52] In that regard, a lag of eight years or ten years is sufficient to justify an award of separation pay in lieu of reinstatement. | |||||
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2011-03-09 |
LEONARDO-DE CASTRO, J. |
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| It is established in jurisprudence that reinstatement means restoration to a state or condition from which one had been removed or separated. The person reinstated assumes the position he had occupied prior to his dismissal. Reinstatement presupposes that the previous position from which one had been removed still exists, or that there is an unfilled position which is substantially equivalent or of similar nature as the one previously occupied by the employee.[25] | |||||