This case has been cited 1 times or more.
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2013-06-13 |
REYES, J. |
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| The basis for the payment of backwages is different from that for the award of separation pay. Separation pay is granted where reinstatement is no longer advisable because of strained relations between the employee and the employer. Backwages represent compensation that should have been earned but were not collected because of the unjust dismissal. The basis for computing backwages is usually the length of the employee's service while that for separation pay is the actual period when the employee was unlawfully prevented from working.[24] In this case, the SOLE and the CA were one in ruling that there was no illegal dismissal committed by SJAV against the non-licensees. As both stressed by the SOLE and the CA, R.A. No. 7836 provides that no person shall engage in teaching and/or act as professional teacher unless he is a duly registered professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit.[25] Obviously, aside from the finding that there was no illegal dismissal, the non-licensees cannot be reinstated since they do not possess the necessary qualification for them to be engaged in teaching and/or act as professional teachers. This conclusion binds the Court, especially in the absence of any circumstance that militates against such conclusion. The rule is that the findings of fact of the SOLE and the CA and the conclusions derived therefrom are generally binding on the Court if amply supported by evidence on record.[26] | |||||