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2013-06-13 |
REYES, J. |
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| Nevertheless, the Court, in exceptional cases, has granted financial assistance to legally dismissed employees as an act of "social justice" or based on "equity" so long as the dismissal was not for serious misconduct, does not reflect on the employee's moral character, or would involve moral turpitude.[28] In Nissan Motor Philippines, Inc. v. Angelo,[29] the Court ruled that, inspired by compassionate and social justice, it has in the past awarded financial assistance to dismissed employees when circumstances warranted such an award. Meanwhile, in Pharmacia and Upjohn, Inc. v. Albayda, Jr.,[30] the Court held that an award to the employee of separation pay by way of financial assistance, equivalent to one-half (1/2) month's pay for every year of service, is equitable. The Court, in Pharmacia, noted, among others, that although the employee's actions constituted a valid ground to terminate his services, the same is not so reprehensible as to warrant complete disregard of his long years of service. | |||||