In Case Where there was No Dismissal and No Abandonment of Work, the Employee Should be Reinstated
If Reinstatement is not Possible, Grant Separation Pay
The employer denies having dismissed the employee and the worker also denies having abandoned his work.
How should this situation be resolved? This is the case of Dee Jay’s Inn and Cafe vs. Rañeses.
The Court held in this case that where the employee was neither found to have been dismissed nor to have abandoned his/her work, the general course of action is for the Court to dismiss the complaint, direct the employee to return to work, and order the employer to accept the employee.
However, the Court recognized in Nightowl Watchman & Security Agency, Inc. vs. Lumahan that when a considerable length of time had already passed rendering it impossible for the employee to return to work, the award of separation pay is proper.
Considering that more than ten (10) years had passed since respondent stopped reporting for work on February 5, 2005, up the date of this judgment, it is no longer possible and reasonable for the Court to direct respondent to return to work and order petitioners to accept her.
Under the circumstances, it is just and equitable for the Court instead to award respondent separation pay in an amount equivalent to one (1) month salary for every year of service, computed up to the time she stopped working, or until February 4, 2005.
(Dee Jay’s Inn and Cafe vs. Rañeses, G.R. No. 191823, October 5, 2016)
Comments (14)
… [Trackback]
[…] Here you can find 918 more Information to that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
a
a
… [Trackback]
[…] Information to that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Find More on that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Information on that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Here you can find 44594 more Info to that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Find More Information here on that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] There you can find 78458 more Information on that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Information to that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Info on that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Info on that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Find More here to that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] Find More to that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
… [Trackback]
[…] There you will find 82952 more Information to that Topic: lvsbooks.com/case-no-dismissal-no-abandonment-work-employee-reinstated/ […]
Comments are closed.