This case has been cited 3 times or more.
2007-06-26 |
CHICO-NAZARIO, J. |
||||
Under Article 279 of the Labor Code, an employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges, and to the payment of his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent, computed from the time his compensation was withheld from him up to the time of his actual reinstatement.[36] These remedies give life to the worker's constitutional right to security of tenure.[37] | |||||
2006-08-10 |
SANDOVAL-GUTIERREZ, J. |
||||
The requisites of a valid dismissal for just causes are: (a) the dismissal must be for one of the causes stated in Article 282 of the Labor Code; and (b) the employee must have been accorded due process, basic of which is the opportunity to be heard and defend himself.[5] Article 282 of the Labor Code, provides:ART. 282. Termination by employer. An employer may terminate an employment for any of the following causes: | |||||
2004-05-07 |
SANDOVAL-GUTIERREZ, J. |
||||
Under Art. 279 of the Labor Code, an employee who is unjustly dismissed is entitled to reinstatement, without loss of seniority rights and other privileges, and to the payment of his full backwages, inclusive of allowances, and other benefits or their monetary equivalent, computed from the time his compensation was withheld from him (which, as a rule, is from the time of his illegal dismissal) up to the time of his actual reinstatement.[7] |