Back to Search
JurisprudenceG.R. No. 226002 -

G.R. No. 226002 - LINO A. FERNANDEZ, JR., VS. MANILA ELECTRIC COMPANY (MERALCO).DECISION - Supreme Court E-Library

Cited Laws

RA 439,
Share:

TL;DR — Ruling

WHEREFORE , premises considered, the assailed Decision and Resolution of the National Labor Relations Commission are, hereby, REVERSED and SET ASIDE for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction and a new one entered finding petitioner Lino A. Fernandez to have been illegally dismissed . Petitioner Lino Fernandez is found to have been illegally dismissed.

Decision

Ruling

WHEREFORE , premises considered, the assailed Decision and Resolution of the National Labor Relations Commission are, hereby, REVERSED and SET ASIDE for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction and a new one entered finding petitioner Lino A. Fernandez to have been illegally dismissed . Petitioner Lino Fernandez is found to have been illegally dismissed. Private respondent Meralco is, hereby, ordered to REINSTATE Lino Fernandez to his former position, without loss of seniority rights and other privileges appurtenant thereto, with full backwages from the time of his dismissal until he is actually reinstated, or to pay him separation pay if reinstatement is no longer feasible pursuant to existing jurisprudence on the matter. No costs. SO ORDERED.