This case has been cited 3 times or more.
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2009-08-28 |
BERSAMIN, J. |
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| Where the issue raised is one purely of law or where public interest is involved.[8] | |||||
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2008-07-28 |
VELASCO JR., J. |
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| As the law now stands, illegally dismissed employees are entitled to two reliefs, namely: backwages and reinstatement. They are entitled to reinstatement, if viable, or separation pay, if reinstatement is no longer feasible, and backwages.[10] The award of one does not preclude the other as the Court had, in proper cases, ordered the payment of both.[11] Where an employee would have been entitled to reinstatement with full backwages, but circumstances, i.e., strained relationships, make reinstatement impossible, the more equitable disposition would be to award separation pay equivalent to at least one month pay, or one month pay for every year of service, whichever is higher, in addition to full backwages, inclusive of allowances, and benefits or their monetary equivalent, computed from the time the employee's compensation was withheld up to the time of the employee's actual reinstatement.[12] | |||||
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2008-02-29 |
CARPIO MORALES, J. |
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| Auxtero, having been declared to be a regular employee of petitioner, and found to be illegally dismissed from employment, should be entitled to salary differential[37] from the time he rendered one year of service until his dismissal, reinstatement plus backwages until the finality of this decision.[38] In view, however, of the long period of time[39] that had elapsed since his dismissal on November 15, 1992, it would be appropriate to award separation pay of one (1) month salary for each year of service, in lieu of reinstatement.[40] | |||||