G.R. No. 117040 - RUBEN SERRANO, VS. NATIONAL LABOR RELATIONS COMMISSION AND ISETANN DEPARTMENT STORE.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Labor Arbiter ordered: [6] WHEREFORE, above premises considered, judgment is hereby decreed: (a) Finding the dismissal of the complainant to be illegal and concomitantly, Respondent is ordered to pay complainant full backwages without qualification or deduction in the amount of P 74,740.00 from the time of his dismissal until reinstatement (computed till promulgation only) based on his monthly salary of P4,040.00/month at the time of his termination but limited to (3) three years; (b) Ordering the Respondent to immediately reinstate the complainant to his former position as security section head or to a reasonably equivalent supervisorial position in charges of security without loss of seniority rights, privileges and benefits. This order is immediately executory even pending appeal; (c) Ordering the Respondent to pay complainant unpaid wages in the amount of P 2,020.73 and proportionate 13th month pay in the amount of P 3,198.30 ; (d) Ordering the Respondent to pay complainant the amount of P 7,995.91 , representing 10% attorneys fees based on the total judgment award of P 79,959.12 . All other claims of the complainant whether monetary or otherwise is hereby dismissed for lack of merit. SO ORDERED.