This case has been cited 1 times or more.
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2007-12-12 |
PUNO, C.J. |
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| Although the CA agreed with the award granted by the Labor Arbiter, it followed a different tack. It found no basis to declare petitioner validly dismissed as it found no evidence to show that respondents had terminated his employment. The CA cited Asia Fancy Plywood Corp. v. NLRC[13] that if the dismissal is unsubstantiated, the employee should simply be ordered to return to work and the employer to accept him to his former, if not substantially equivalent position, without backwages. However, in the instant case, the CA found petitioner to have foreclosed reinstatement as a relief. Hence, he was considered to have resigned from his employment. However, the CA reinstated the award of financial assistance equivalent to one-half month pay for every year of service "considering that there was no evidence of previous misconduct of petitioner while in the employ of private respondent for a period of sixteen (16) years." | |||||