FACTS: Respondent fled a complaint with the LA against petitioner for illegal dismissal, separation pay and non-payment of salary and other benefits. She alleged that she was employed as a supervisor until she was told to take a vacation and report for work after 1 month then when she reported back she was refused readmission. She kept returning to resume work but her efforts proved futile. She was merely promised that she’d receive separation pay but none was given. Petitioner countered that on the first 2 days of work she worked very well but then she was often absent or tardy and failed to properly monitor the performance of her subordinates. Petitioner asserts that it called her attention and reprimanded her but then she did not report for work anymore. The LA ruled for the respondent and ordered reinstatement without loss of seniority rights and the payment of backwages. The NLRC affirmed the decision but granted separation pay in lieu of reinstatement. The CA upheld the decision.
ISSUE: W/N respondent was illegally dismissed or if she abandoned her work.
HELD: The SC upheld the decisions. The dismissal was based on technicalities such as the failure to indicate the material dates showing when the notice of judgment was received and failure to submit a certified true copy of the decision and failure to submit a sworn certification, the SC added that according to established jurisprudence when separation pay is awarded in lieu of reinstatement, back wages shall be computed from the time compensation was with held from the employee up to the finality of the Decision of the Court.
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