Cited Laws
TL;DR — Ruling
WHEREFORE, judgment is hereby rendered dismissing the complaint for unfair labor practice for lack of sufficient substantiation. Nonetheless, as a measure of compassionate justice, respondents are hereby ordered to pay complainants a separation pay equivalent to fifteen (15) days for every year of service. Other claims are hereby dismissed for lack of merit." Both parties appealed to the National Labor Relations Commission.
WHEREFORE, judgment is hereby rendered dismissing the complaint for unfair labor practice for lack of sufficient substantiation. Nonetheless, as a measure of compassionate justice, respondents are hereby ordered to pay complainants a separation pay equivalent to fifteen (15) days for every year of service. Other claims are hereby dismissed for lack of merit." Both parties appealed to the National Labor Relations Commission. On 19 February 1997, the NLRC promulgated its questioned Order [9] , as follows: xxx "WHEREFORE, premises considered, the appeal of complainants insofar as the charge of illegal dismissal is concerned is granted. The appeal of respondent is denied. Accordingly, the appealed decision is set aside and a new one issued declaring respondents liable for complainants' illegal dismissal. As such, complainants, should be reinstated to their jobs and should be paid their back wages, computed from the time of their illegal dismissal until the time of their actual reinstatement, subject to the earning elsewhere rule. If the reinstatement be not practicable, complainants in lieu thereof should be awarded separation pay at one (1) month for every year of service. SO ORDERED.