This case has been cited 3 times or more.
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2010-04-23 |
MENDOZA, J. |
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| Having been illegally dismissed, Magnaye should be reinstated to his former position without loss of seniority and paid backwages and other monetary benefits from the time of his dismissal up to the time of his reinstatement. In our decision in Civil Service Commission v. Gentallan, [29] we ruled that for reasons of justice and fairness, an illegally dismissed government employee who is later ordered reinstated is entitled to backwages and other monetary benefits from the time of his illegal dismissal until his reinstatement because he is considered as not having left his office. | |||||
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2007-08-14 |
AUSTRIA-MARTINEZ, J. |
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| The rules on payment of backwages to employees who are reinstated after having been wrongfully dismissed or suspended are clear-cut. Backwages are due said employees, provided that their reinstatement is based on an express finding that they did not commit the imputed offense, and that their dismissal or suspension was illegal.[31] The amount of backwages that may be awarded to them shall be based on their salaries accruing from the time of their dismissal until their actual reinstatement, for a period not exceeding five years.[32] It need not depend on actual services rendered, for they are excused for their inability to work during the period of their illegal dismissal or suspension.[33] In short, they are not subject to the policy of "no work, no pay," for they were unlawfully prevented from rendering work.[34] | |||||
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2005-12-15 |
YNARES-SANTIAGO, J. |
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| The Court of Appeals correctly ordered respondent's reinstatement. However, the award of backwages and other monetary benefits should not be limited to 5 years and must therefore be modified in line with the recent case of Civil Service Commission v. Gentallan.[24] We held in said case that an illegally dismissed government employee who is later ordered reinstated is entitled to backwages and other monetary benefits from the time of her illegal dismissal up to her reinstatement. This is only fair and just because an employee who is reinstated after having been illegally dismissed is considered as not having left her office and should be given the corresponding compensation at the time of her reinstatement. | |||||