Constructive Dismissal

Constructive Dismissal

Summary ▪ Constructive dismissal refers to a quitting because continued employment is rendered impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay. ▪ Constructive dismissal is a form of illegal dismissal. 1. Concept “Constructive dismissal” – refers to “[a] quitting because continued employment is rendered impossible, unreasonable…

Attorney’s Fees

Attorney’s Fees

Summary ▪ Attorney’s fees are awarded to employees in certain cases. ▪ Complainant-employee may be entitled to attorney’s fees despite being represented by the Public Attorney’s Office (PAO) 1. Concept Attorney’s fees are awarded to employees who win a labor case in certain cases; however, it is not all of the time. There are two…

Nominal Damages

Nominal Damages

Summary ▪ Nominal damages are awarded to an employee who was dismissed for valid cause but due process was not observed. ▪ It is to vindicate or recognize the violation of the employee’s rights. ▪ The amount for nominal damages is discretionary on the court. 1. Concept The law and jurisprudence allow the award of…

Exemplary damages

Exemplary damages

Summary ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner. ▪ If moral damages is awarded, exemplary damages may be awarded as well. 1. Concept Under Article 2229 of the Civil Code, “[e]xemplary or corrective damages are imposed, by way of example or correction for the…

Moral Damages

Moral Damages

Summary ▪ Moral damages may be awarded in certain cases. ▪ Bad faith must be clearly proven. 1. Concept Moral damages are awarded in illegal termination cases when the employer acted: 1) In bad faith or fraud; 2) In a manner oppressive to labor; or, 3) In a manner contrary to morals, good customs, or…

Full Backwages

Full Backwages

Summary ▪ Full backwages are due to illegally dismissed employees except those who participated in an illegal strike. ▪ It shall be based on wage rate at the time of dismissal. ▪ It consists of all benefits and allowances. 1. Concept An employee who is unjustly dismissed from work shall be entitled to reinstatement without…

Illegal Dismissal

Illegal Dismissal

Summary ▪ Illegal dismissal is the termination or separation from employment without just cause or authorized cause. ▪ Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept “Illegal dismissal” – refers to a termination or separation from employment without just cause or authorized cause. “Constructive…

Reinstatement

Reinstatement

1. Concept Reinstatement – refers to the ‘restoration to a state or condition from which one had been removed or separated. The person reinstated assumes the position he had occupied prior to his dismissal.20 Reinstatement presupposes that the previous position from which one had been removed still exists, or that there is an unfilled position…