Home›Bar Review›2024›Labor Law›Question 15
Question 15
15. Thalia, the owner of Quinn Karaoke Club (QKC), hired Darrence as an
accountant. On January 19, 2023, QKC’s owner verbally informed
Darrence to look for another job and banned him from the club. Darrence
filed against QKC a complaint for illegal dismissal. Meantime, Darrence
was hired as an accountant in another company on February 14, 2023. In
its answer, QKC countered that Darrence abandoned his work in favor of
a better paying job. On June 22, 2024, QKC ceased business. In due
course, the Labor Arbiter declared Darrence unjustly dismissed from work
and awarded him full backwages computed from January 19, 2023, when
he was verbally dismissed, until June 22, 2024, when QKC stopped
operations. Thalia sought reconsideration and invoked the principles
of “no work no pay” and “unjust enrichment.” Thalia argued that
Darrence’s salaries earned from another employer should be deducted
from the award of backwages. The Labor Arbiter granted the motion and
recomputed backwages from January 19, 2023, Darrence’s date of illegal
dismissal, until February 14, 2023, when another employer hired him. Is
the Labor Arbiter correct in limiting the period for computing the
award of backwages? Explain.
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