ALLIAN V CHAIRMAN OF CSC
FACTS
Joel Allian was a Personnel Specialist II when he was illegally dismissed from his work. He received a written notification that he was separated from service through reorganization. He then found out he was dismissed incurring unauthorized leaves of absence. He petitioned to the Reorganization Appeals Board (RAB) which held that he must be reinstated since he was illegally dismissed. When he got reappointed, he didn’t receive his back wages, which prompted him to remind the Commission about it. He argued that under RA 6656, illegally dismissed people must be reinstated without losing seniority and shall be entitled to back wages for the period of separation. The commission denied his claim.
ISSUE
Whether Allian is entitled to back wages for the period of his illegal separation.
HELD
In cases where an employee had incurred absences without leave (AWOL), a notification stating to report back to work must first be sent to the employee. He cannot be dismissed outright with such notice to report back to work. The RAB also found out that the records show no proof that would lead to his termination. Since he was illegally dismissed, under RA 6656, he is entitled to all the back wages he should have received during the period he was separated from work by reason of such illegal dismissal.
