Practice question
A regular employee is finally found illegally dismissed and seeks reinstatement. The former position still exists, the business operates, and no other obstacle is established. The employer merely cites the employee's lawful complaint and says paying separation pay is always its unrestricted choice. Which answer is best?
- The employer may always buy out reinstatement without justification.
- Every unlawful dismissal automatically ends with separation pay only.
- The complaint itself proves permanent incompatibility.
- The ordinary remedy remains reinstatement; an unsupported appeal to litigation hostility does not establish a basis for replacing it.
- The employee loses relief by requesting the job.
Legal references
- https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Articles 229 [223] and 294 [279].
- https://lawphil.net/judjuris/juri2021/aug2021/gr_235358_2021.html — Padsing v. Lepanto Consolidated Mining Co., G.R.235358, August4 2021, main opinion on reinstatement and proved strained relations.
Answer this question in flashcards to review your response and continue practicing.