Reinstatement as one of the Hazards of Employee Dismissal
This post is a continuation of the topic Hazards of Terminating Employees discussed in the book Guide to Valid Dismissal of Employees (pp.8-9)
Man Being Fired from Office Job
Reinstatement comes in two forms as follows:
1.) Reinstatement pending appeal; and
2.) Reinstatement after final judgment.
Reinstatement pending appeal is an order upon an employer to admit the employee back to work while the appeal is pending. To illustrate, consider the following factual scenario: Employee X files a complaint for illegal dismissal heard by the Labor Arbiter against employer Y claiming backwages and reinstatement. The Labor Arbiter ruled in favor of X and ordered Y to pay backwages and to reinstate X.
In the meantime, Y appealed validly and seasonably. Question: Should X be reinstated while the appeal of Y is pending?
Remember that in this case, there could be at least two items in the Labor Arbiter’s order:
1.) Payment of backwages, among others, and
2.) Reinstatement.
The rule is that by reason of an appeal, the backwages cannot be enforced until after final judgment has been rendered but the reinstatement will push through pursuant to the Labor Code. Meaning, the employer has to readmit the dismissed worker although the case is still pending.
In sum, although there is an appeal of the case filed by an employee, the dismissed employee should be reinstated without even the need of motion for execution. Reinstatement pending appeal is a tough proposition for the employer.
He is forced to accept an employee whom he thought has violated the company policy. It is as if he is compelled to be with someone he has fallen out of love of and probably despises. It may not be fair as to him, but that is the price he has to pay for illegal dismissal.
His remedy is to reinstate the complainant physically or on payroll. In a reinstatement after final judgment, the employer is ordered to readmit the employee by virtue of an order of the Labor Arbiter, NLRC or any competent court for that matter. Here, there is no more appeal to speak of. The case has attained its final stage. The decision must be executed.
Under the law, the case becomes final due to any of the following reasons:
1. The case has become final because the employer did not appeal; or
2. The employer has belatedly filed an appeal after the lapse of the reglementary period. Reglementary period means the period within which the losing party has to perfect an appeal; or
3. The decision was promulgated by the Supreme Court with finality upon due disposal of the case on the merits.
Learn how to Validly Dismiss employees through this book:
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