LAPSE OF EIGHT YEARS IS CONSIDERABLE TIME TO SUPPORT THE GRANT OF SEPARATION PAY IN LIEU OF REINSTATEMENT
An illegally dismissed employee is entitled to two separate reliefs: full backwages and reinstatement. In such case where reinstatement is no longer an option, payment of separation pay is justified.
The Court considers “considerable time,” which includes the lapse of eight years or more (from the filing of the complaint up to the resolution of the case) to support the grant of separation pay in lieu of reinstatement.
Considering that about eight years had passed from the time that Sta. Ana filed her complaint on February 25, 2009 then, her reinstatement is an impractical option. Thus, instead of reinstatement, the Court grants her separation pay of one month for every year of service.
As regards backwages, she is entitled to receive full backwages, which include allowances and other benefits due her or their monetary equivalent, computed from the time her compensation was withheld up to the finality of this Decision.
Guide to Valid Dismissal of Employees
(Julieta B. Sta. Ana vs. Manila Jockey Club, Inc., G.R. No. 208459, February 15, 2017)
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