Professional Documents
Culture Documents
143949
Cabatbat
August 9, 2001 Gonzaga-Reyes, J.
ILLNESS/ DISEASE
SUMMARY:
Put (a) facts that are needed for the disposition of the issue, according to the topic in the
syllabus, (b) issue/s that are needed to be resolved, which are related to the topic in the
syllabus, (c) in whose favor the Supreme Court held the decision, and (d) the doctrine of the
case as it relates to the topic in the syllabus
PROCEDURAL ANTECEDENTS: How the case was elevated to the Supreme Court. Optional if
not necessary to the topic. Mandatory if the topic is procedural in nature.
HELD:
1. The ER failed to provide proof that there was a certification by a competent public
health authority that the disease cannot be cured within 6 months even with
proper treatment.
The contract did not provide for a probationary period. They were never informed that
they were to be placed on probationary status and the requirements that they should
comply with to qualify as regular EEs
2. Since they were illegally dismissed, they are entitled to reinstatement without loss
of seniority rights and other privileges and to his full backwages, inclusive of
allowances, and other benefits computed from the time his compensation was
withheld from him up to the time of his actual reinstatement as per LC 279
Award of backwages is intended to restore to the EE the earning which he lost due to his
illegal dismissal
No records show the PRs wanted to be reinstated. It will also be difficult for PR to enforce
such against the Ministry of Public Health of Kuwait. In lieu of reinstatement, they are
entitled to separation pay 1 months pay for every year of service. Since they worked for
only 2 months, they are entitled to separation pay equivalent to 1/6 of their monthly salary
Entitled to attys fees equivalent to 10% of the total award