Complainant Estolas received monetary compensation from the NLRC that included the period from her reinstatement to resignation, during which she received her salary. Respondent Fabricator filed a motion for reconsideration of the NLRC's computation, so the court will wait for a resolution before allowing further remedies. If the motion is denied, Fabricator can file an extraordinary remedy, or challenge the writ of execution and file an extraordinary remedy if that is denied.
Complainant Estolas received monetary compensation from the NLRC that included the period from her reinstatement to resignation, during which she received her salary. Respondent Fabricator filed a motion for reconsideration of the NLRC's computation, so the court will wait for a resolution before allowing further remedies. If the motion is denied, Fabricator can file an extraordinary remedy, or challenge the writ of execution and file an extraordinary remedy if that is denied.
Complainant Estolas received monetary compensation from the NLRC that included the period from her reinstatement to resignation, during which she received her salary. Respondent Fabricator filed a motion for reconsideration of the NLRC's computation, so the court will wait for a resolution before allowing further remedies. If the motion is denied, Fabricator can file an extraordinary remedy, or challenge the writ of execution and file an extraordinary remedy if that is denied.
Based on NLRC computation of complainant’s monetary award, the time when complainant Estolas was reinstated up to complainant’s resignation were included in the computation of the final claim. Complainant was able to receive her salary during those period. Since respondent Fabricator already filed a manifestation with motion for reconsideration of the computation made by the NLRC last 28 March 2019, then let’s wait first for the resolution of the motion. Respondent Fabricator may opt to avail the following remedies: 1.) If the motion is denied, Extraordinary Remedy under Rule XII of 2011 NLRC Rules of Procedure can be availed of; or 2.) Once the writ of execution is released, a motion to quash can be filed, then if denied, avail the Extraordinary Remedy.