This case has been cited 2 times or more.
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2014-11-19 |
DEL CASTILLO, J. |
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| The twin reliefs that should be given to an illegally dismissed employee are full backwages and reinstatement.[1] Backwages restore the lost income of an employee and is computed from the time compensation was withheld up to actual reinstatement.[2] Anent reinstatement, only when it is not viable is separation pay given.[3] | |||||
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2005-07-28 |
CALLEJO, SR., J. |
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| Thus, the said provision provides that illegally dismissed employees are entitled to backwages plus other benefits computed from the time compensation was withheld up to the time of actual reinstatement. An illegally dismissed employee who, in contemplation of the law, never left his office, should be granted the compensation which rightfully belongs to him from the moment he was unduly deprived of it up to the time it was restored to him;[25] the backwages to be awarded should not be diminished or reduced by earnings derived by the illegally dismissed employee elsewhere during the term of his illegal dismissal.[26] | |||||