IMPERIAL TEXTILE MILLS, INC., vs. NATIONAL LABOR RELATIONS COMMISSION, Third Division, and ANGIE MENDOZA.
- G.R. Number: G.R. No. 101527
- Promulgated: 1993-01-19
- Ponente: Regalado, J.
Doctrine
Procedural technicalities are relaxed in proceedings before labor arbiters; they may avail themselves of reasonable means to promptly ascertain facts.
Backwages and reinstatement (or separation pay when reinstatement is unfeasible) are distinct reliefs; separation pay substitutes only for reinstatement.
Separation pay may be awarded where reinstatement cannot be enforced or is not feasible, including cases involving confidential positions or strained employer-employee relations.
Facts
Proceedings were before the Second Division of the Supreme Court on petition concerning an NLRC decision (case identified as G.R. No. 101527).
The Court noted that procedural technicalities do not strictly apply to proceedings before labor arbiters, who may use reasonable means to quickly ascertain facts.
Reinstatement was deemed no longer feasible because of strained relations between the parties and the confidential nature of the employee's position.
Issues
Whether separation pay may be awarded in lieu of reinstatement when reinstatement is no longer feasible.
Whether an employee awarded separation pay is still entitled to backwages.
Ruling
The petition was dismissed for lack of merit; no grave abuse of discretion by the NLRC was found.
Where reinstatement is no longer possible, separation pay may be awarded as an alternative; the Court applied this doctrine given strained relations and the employee's confidential position.
The award of separation pay is in lieu of reinstatement but not of backwages; an illegally dismissed employee remains entitled to backwages.
Keywords
G.R. No. 101527, original petition for certiorari, illegally dismissed, backwages, separation pay, voluntary resignation, loss of trust and confidence, managerial employee, motion to dismiss, Article 221 of the Labor Code, technical rules of evidence, due process, Var-Orient Shipping Co., Inc., et al. vs. Achacoso, etc., et al., Bautista, et al. vs. Secretary of Labor and Employment, et al., position paper, unverified position paper, forced to resign, labor arbiter, confidence, opportunity