G.R. No. 190794 - JOSAN, JPS, SANTIAGO CARGO MOVERS, AND MARY GRACE S. PARUNGAO,*, VS. EDUARDO RAMOS ADUNA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the finding of illegal dismissal must be upheld. [21] Article 279 of the Labor Code provides that an employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges; to his full back wages, inclusive of allowances; and to other applicable benefits or their monetary equivalent computed from the time compensation was withheld up to the time of actual reinstatement. [22] However, in recognition of the strained relations between petitioners and respondent, the former are instead liable to give separation pay as found by the CA. WHEREFORE the Petition is DENIED . The 21 October 2009 Decision and 16 December 2009 Resolution of the Court of Appeals in CA-G.R. SP No. 108996 are hereby AFFIRMED . SO ORDERED.