Dear PAO,We filed a case for illegal dismissal, praying for separation pay in lieu of reinstatement due to strained relations.
Our employer established that we stopped reporting to work, but the ruling states there could be no abandonment because the filing of a case for illegal dismissal is incompatible with the desire to sever the employer-employee relationship. However, we failed to establish that we were actually dismissed from employment. We were awarded reinstatement with no award for back wages.
Majen Colambot, We held that:'These circumstances, taken together, the lack of evidence of dismissal and the lack of intent on the part of the respondent to abandon his work, the remedy is reinstatement but without back wages. However, considering that reinstatement is no longer applicable due to the strained relationship between the parties and that Colambot already found another employment, each party must bear his or her own loss, thus, placing them on equal footing.
Happens When There Is Neither Illegal Dismissal Nor Abandonment Of Work?
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