This case has been cited 1 times or more.
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2013-06-26 |
BERSAMIN, J. |
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| In case the reinstatement is no longer possible, however, an award of separation pay, in lieu of reinstatement, will be justified.[48] The Court has ruled that reinstatement is no longer possible: (a) when the former position of the illegally dismissed employee no longer exists;[49] or (b) when the employer's business has closed down;[50] or (c) when the employer-employee relationship has already been strained as to render the reinstatement impossible.[51] The Court likewise considered reinstatement to be non-feasible because a "considerable time" has lapsed between the dismissal and the resolution of the case.[52] In that regard, a lag of eight years or ten years is sufficient to justify an award of separation pay in lieu of reinstatement. | |||||