Dear Atty. Kathy,

I have an ongoing labor case against my employer. At first, I wanted, to go back to my former position, and I was lucky enough to get a reinstatement decision in my favor. However, I found out that the supervisor, with whom I disagreed a lot, is still there in the same department. May I be granted separation pay instead of reinstatement, since the supervisor on the ground of strained relations?

Grace

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Dear Grace,

As ruled by the Supreme Court in the case of Philippine Phosphate Fertilizer Corporation versus Alejandro O. Mayol, et al. (G.R. Nos. 205528-29, 9 December 2020), the doctrine of strained relations cannot be applied indiscriminately since every labor dispute almost invariably results in “strained relations;” otherwise, reinstatement can never be possible simply because some hostility is engendered between the parties as a result of their disagreement, and that is human nature. Further, strained relations must be demonstrated as a fact. The doctrine should not be used recklessly or loosely applied, nor be based on impression alone.

According to your narration, you and the supervisor disagreed a lot. Mere disagreement is not compelling evidence to support a conclusion that the parties’ relationship had become so sour that reinstatement is no longer viable and desirable. Thus, subject to proof that reinstatement is no longer desirable or viable; or that the employer must be released from the grossly unpalatable obligation of maintaining in its employ a worker it could no longer trust (Rodessa Quitevis Rodriguez versus Sintron Systems Inc., et al., G.R. No. 240254, 24 July 2019), you may not be granted separation pay in lieu of reinstatement, on the ground of strained relations.

Atty. Kathy Larios