Philippine Bar review · Question

Practice question: Reinstatement

Essay Medium

Practice question

An illegally dismissed regular employee's former position is available. The employer alleges strained relations solely because the employee filed the case. No other evidence is offered. Discuss reinstatement under Article 294 and Padsing v. Lepanto.

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.