Practice question
An employer opposes reinstatement solely because the employee sued for illegal dismissal and ordinary litigation hostility followed. No additional proof of disabling strained relations is offered. Under Padsing, is litigation hostility alone sufficient?
- Yes; every lawsuit permanently destroys reinstatement.
- Yes; an employer's unsupported assertion is conclusive.
- No; ordinary hostility attending litigation does not alone prove the strained relations needed to rule out reinstatement.
- Yes; filing a case waives the job.
- No; strained relations can never justify a substitute remedy.
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.
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