Practice question
An illegally dismissed rank-and-file worker seeks reinstatement. The employer offers only its manager’s speculation that the worker will be resentful because of the lawsuit. There is no evidence of antagonism impairing productive work, no elimination of the job, and no other obstacle. How should the strained-relations claim be evaluated?
- It lacks the demonstrated factual basis needed to replace reinstatement on that ground.
- A manager’s speculation is conclusive.
- Every illegal dismissal permanently prevents restoration.
- The worker must prove affection for management.
- The employer can always buy out security of tenure without justification.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 294 and 298–299.
- Angono Medics Hospital v Agabin, G.R. No. 202542, December 9, 2020, separation pay and backwages: https://lawphil.net/judjuris/juri2020/dec2020/gr_202542_2020.html
- Nippon Express Philippines Corporation v Daguiso, G.R. No. 217970, June 17, 2020, proof of strained relations: https://lawphil.net/judjuris/juri2020/jun2020/gr_217970_2020.html
- Bartolome v Toyota Quezon Avenue, G.R. No. 254465, April 3, 2024, damages, attorney’s fees and separation in lieu of reinstatement: https://lawphil.net/judjuris/juri2024/apr2024/gr_254465_2024.html
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