What Is The Effect If Reinstatement Is No Longer Practicable? | 2 September 2023

If reinstatement is no longer practicable, the illegally dismissed employee is entitled to separation pay and back wages

Author

Alburo Law
September 02, 2023

Ban on importation of certain products under the Customs Modernization and Tariff Act

In case separation pay is awarded and reinstatement is no longer possible, backwages shall be computed from the time of illegal dismissal up to the finality of the decision should separation pay not be paid in the meantime. It is the employee’s actual receipt of the full amount of his separation pay that will effectively terminate the employment of an illegally dismissed employee. Otherwise, the employer-employee relationship subsists.

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