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Question VIII
VIII. Alexander, a security guard of Jaguar Security Agency (JSA), could not be given any assignment because no client would accept him. He had a face only a mother could love. After six (6) months of being on "floating" status, Alexander sued JSA for constructive dismissal. The Labor Arbiter upheld Alexander’s claim of constructive dismissal and ordered JSA to immediately reinstate Alexander. JSA appealed the decision to the NLRC. Alexander sought immediate enforcement of the reinstatement order while the appeal was pending.
JSA hires you as lawyer, and seeks your advice on the following:
Because JSA has no client who would accept Alexander, can it still be compelled to reinstate him pending appeal even if it has posted an appeal bond? (2%)
Can the order of reinstatement be immediately enforced in the absence of a motion for the issuance of a writ of execution? (2%)
If the order of reinstatement is being enforced, what should JSA do in order to prevent reinstatement? (2%)
Explain your answers.
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