G.R. No. 143709 - CEFERINO P. BUHAIN, VS. THE HONORABLE COURT OF APPEALS, AND SWIFT FOOD, INC..DECISION - Supreme Court E-Library

Ruling

WHEREFORE, the Decision appealed from is hereby AFFIRMED with MODIFICATION to the effect that the dispositive portion should read as follows: IN VIEW OF THE FOREGOING, this Arbitrator finds that -- The dismissal of the complainant Ceferino P. Buhain was illegal; Complainant be awarded separation pay instead of reinstatement equivalent to one (1) month pay for every year of service computed from the time he was first employed until the full payment of the separation pay due him. In view likewise of the humiliation, besmirched reputation and mental anguish complainant suffered before his peers and friends due to the wide publication of his separation, Respondent be required to pay damages in the amount of P50,000.00; and For having been compelled to litigate this case, Respondent is required to pay attorneys fees equivalent to ten percent (10%) of the amount awarded by this Arbitrator. SO ORDERED.