19.

Strained Relations Rule (page 353 Chan 2017)

The doctrine of “strained relations” or “antipathy and antagonism” or “irretrievable

estrangement” applies when reinstatement will no longer be in the best interest of both employee and
employer considering the animosity and antagonism that exist between them brought about by the
filing of the labor case.

Some Principles on Strained Relations (optional if you will include these in your answer)
a) It must be proved and demonstrated as a fact.
b) Litigation, itself, does not give rise to strained relations that may justify non-reinstatement. The
filing of the complaint for illegal dismissal does not by itself justify the invocation of strained
relations.
c) No strained relations should arise from a valid and legal act of asserting one’s right.
d) The nature of position is material in determining the validity of strained relations.
e) Non-settlement of dispute after long period of time is not indicative of strained relations.
f) The refusal of the employee to be reinstated is indicative of strained relations.
g) Criminal prosecution confirms existence of strained relations which would render the
employee’s reinstatement highly undesirable.
h) A managerial employee should not be reinstated if strained relations exist.

20. Reliefs for Dismissal (Chan 2017 p. 347)

An illegally dismissed employee is entitled to the following reliefs under Article 294
1. Reinstatement without loss of seniority rights and other privileges;
2. Full Back Wages, inclusive of allowances; and
3. Other benefits or their monetary equivalent.

Other reliefs not found in Article 294

1. Award of separation pay in lieu of reinstatement.
2. Award of penalty in the form of nominal damages in case of termination due to just or
authorized cause but without observance of procedural due process.
3. For fixed term employees: salaries for the unexpired portion of employment contract.
4. Award for damages and attorney’s fees.
5. Award of financial assistance in cases where employee’s dismissal is declared legal but because
of long years of service, and other considerations, financial assistance is awarded.
6. Imposition of legal interest on separation pay, backwages and other monetary awards.