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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
As a general rule, an employee who has been illegally dismissed is entitled to reinstatement. An exception to this rule is the doctrine of strained relations where the payment of separation pay is considered an acceptable alternative when reinstatement is no longer desirable or viable.
Under the doctrine of strained relations, the payment of separation pay is considered an acceptable alternative to reinstatement when the latter option is no longer desirable or viable. On the one hand, it liberates the employee from what could be a highly oppressive work environment. On the other hand, it releases the employer from the grossly unpalatable obligation of maintaining in its employ a worker it could no longer trust.
The doctrine cannot be applied indiscriminately since every labor dispute almost invariably results in strained relations otherwise, reinstatement can never be possible simply because some hostility is engendered between the parties as a result of their disagreement. (Guinto v. Sto. Niño Long-Zeny Consignee, G.R. No. 250987, March 29, 2022)
Strained relations must be demonstrated as a fact. The doctrine of strained relations should not be used recklessly or loosely applied, nor be based on impression alone. (Claudia’s Kitchen, Inc. v. Tanguin, G.R. No. 221096, June 28, 2017)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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