1. Concept Impossible reinstatement – refers to the non-feasibility or non-probability of reinstating an employee. 2. Grounds The following are the grounds for impossibility of reinstatement: 1) When the former position of the illegally dismissed employee no longer exists; or 2) When the employer’s business has closed down; or 3) When the employer-employee relationship has…
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…
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu of reinstatement) 3) Moral Damages 4) Exemplary Damages 5) Nominal Damages 6) 10% Attorney’s Fees 7) Solidary Liability for Corporate Officers Of all the possible labor complaints, illegal dismissal carries…