This case has been cited 3 times or more.
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2014-01-15 |
VILLARAMA, JR., J. |
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| With the Decision in the consolidated cases (Abaria v. NLRC) having already upheld the consistent rule that dismissed employees who participated in an illegal strike are not entitled to back wages, petitioner prays that the previous rulings in Philippine Diamond Hotel and Resort, Inc. (Manila Diamond Hotel) v. Manila Diamond Hotel Employees Union,[29] G & S Transport Corporation v. Infante,[30] Philippine Marine Officers' Guild v. Compañia Maritima, et al.,[31] and Escario v. National Labor Relations Commission (Third Division)[32] be likewise applied in this case. | |||||
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2012-03-14 |
PERALTA, J. |
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| Citing Escario v. National Labor Relations Commission (Third Division),[33] CASI claims that the award of the four-month accrued salaries to the Union members is not sanctioned by jurisprudence. In Escario, the Court categorically stated that the strikers were not entitled to their wages during the period of the strike (even if the strike might be legal), because they performed no work during the strike. The Court further held that it was neither fair nor just that the dismissed employees should litigate against their employer on the latter's time.[34] In this case, however, the four-month accrued salaries awarded to the Union members are not the backwages referred to in Escario. To be sure, the awards were not given as their salaries during the period of the strike. Rather, they constitute the employer's liability to the employees for its failure to exercise the option of actual reinstatement or payroll reinstatement following the LA's decision to reinstate the Union members as mandated by Article 223 of the Labor Code adequately discussed earlier. In other words, such monetary award refers to the Union members' accrued salaries by reason of the reinstatement order of the LA which is self-executory pursuant to Article 223.[35] We, therefore, sustain the award of the four-month accrued salaries. | |||||
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2011-12-07 |
VILLARAMA, JR., J. |
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| Separation pay is made an alternative relief in lieu of reinstatement in certain circumstances, like: (a) when reinstatement can no longer be effected in view of the passage of a long period of time or because of the realities of the situation; (b) reinstatement is inimical to the employer's interest; (c) reinstatement is no longer feasible; (d) reinstatement does not serve the best interests of the parties involved; (e) the employer is prejudiced by the workers' continued employment; (f) facts that make execution unjust or inequitable have supervened; or (g) strained relations between the employer and employee. [61] | |||||