Category Archives: Labor Law

Reinstatement: When is the doctrine of strained relation applicable?

Posted on March 14, 2015 by Erineus

Third, the refusal of the respondent to be re-admitted to work is in itself indicative of the existence of strained relations between him and the petitioner. In the case of Lagniton, Sr. v. National Labor Relations Commission,[20] the Court held … Continue reading →

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How do you compute backwages when notice of reinstatement is ignored?

Posted on March 14, 2015 by Erineus

Employees who are illegally dismissed are entitled to full backwages, inclusive of allowances and other benefits or their monetary equivalent, computed from the time their actual compensation was withheld from them up to the time of their actual reinstatement. But … Continue reading →

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Whether NLRC has contempt power and whether the dismissal of a contempt charge is appealable?

Posted on March 14, 2015 by Erineus

On the first issue, we stress that under Article 218[22] of the Labor Code, the NLRC (and the labor arbiters) may hold any offending party in contempt, directly or indirectly, and impose appropriate penalties in accordance with law. The penalty … Continue reading →

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Whichever way the public prosecutor disposes of a complaint, the finding does not bind the labor tribunal.

Posted on March 8, 2015 by Erineus

 In the first assignment of error, Lynvil contends that the filing of a criminal case before the Office of the Prosecutor is sufficient basis for a valid termination of employment based on serious misconduct and/or loss of trust and confidence … Continue reading →

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What damage can be demanded by the employee due to employer’s failure to follow the procedural requirement of two-notice rule?

Posted on March 8, 2015 by Erineus

Having found that respondents are regular employees who may be, however, dismissed for cause as we have so found in this case, there is a need to look into the procedural requirement of due process in Section 2, Rule XXIII, … Continue reading →

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