This case has been cited 3 times or more.
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2009-02-10 |
CHICO-NAZARIO, J. |
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| Applying the above-quoted statutory provision, this Court decreed in Pheschem Industrial Corporation v. Moldez[16]:Article 279 of the Labor Code provides that an illegally dismissed employee shall be entitled, inter alia, to the payment of his full backwages, inclusive of allowances and to his other benefits or their monetary equivalent computed from the time that his compensation was withheld from him, i.e., from the time of his illegal dismissal, up to the time of his actual reinstatement. Thus, where reinstatement is adjudged, the award of backwages and other benefits continues beyond the date of the Labor Arbiter's Decision ordering reinstatement and extends up to the time said order of reinstatement is actually carried out. (Emphasis supplied.) | |||||
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2007-08-08 |
AUSTRIA-MARTINEZ, J. |
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| Reinstatement is the restoration to a state or condition from which one has been removed or separated.[38] The intent of the law in making a reinstatement order immediately executory is much like a return-to-work order, i.e., to restore the status quo in the workplace in the meantime that the issues raised and the proofs presented by the contending parties have not yet been finally resolved.[39] It is a legal provision which is fair to both labor and management because while execution of the order cannot be stayed by the posting of a bond by the employer, the workers also cannot demand their physical reinstatement if the employer opts to reinstate them only in the payroll.[40] | |||||
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2007-08-08 |
AUSTRIA-MARTINEZ, J. |
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| Payment of separation pay as a substitute for reinstatement is allowed only under exceptional circumstances, viz: (1) when reasons exist which are not attributable to the fault or are beyond the control of the employer, such as when the employer -- who is in severe financial strait, has suffered serious business losses, and has ceased operations -- implements retrenchment, or abolishes the position due to the installation of labor-saving devices; (2) when the illegally dismissed employee has contracted a disease and his reinstatement will endanger the safety of his co-employees; or, (3) where a strained relationship exists between the employer and the dismissed employee.[41] | |||||