FACTS: This case involves a motion for reconsideration filed by private Regent Food Corporation (RFC), of the decision ordering RFC to reinstate petitioner Alexander Vinoy to his former position and pay him backwages. The court found that RFC was the rightful employer of petitioner under the four-fold test of employer-employee relations, contrary to RFC’s claim that Vinoya was actually an employee of PNCI. RFC now claims that reinstatement is no longer feasible due to the parties’ strained relation.
ISSUE: Whether or not petitioner Vinoya is entitled to reinstatement.
HELD: No. as a general rule, strained relations is an issue factual in nature and should be raised and proved before the labor arbiter. In this case, the strained relations arose only after the filling of the case. The issue of strained relations was never death with in the decision being reconsidered. The court finds that it would be impractical to reinstate petitioner to his former position as such position as sales representative involves the handling of accounts and other property of RFC. Therefore, in lieu of reinstatement, payment of separation pay equivalent to one month’s salary for every year of service is granted.
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