G.R. No. 121621 - WESTIN PHILIPPINE PLAZA HOTEL, VS. NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION) AND LEN RODRIGUEZ. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the complaint was dismissed for lack of merit. On appeal, public respondent reversed the judgment of the labor arbiter. In its decision, it declared that the intended transfer was in the nature of a disciplinary action. [2] It held that there was no just cause in dismissing private respondent and disposed of the case as follows: "WHEREFORE, premises considered, the appealed decision is hereby VACATED and a new one entered with the following dispositions: a) Respondent is hereby ordered to pay backwages from February 16, 1993 to the date of this decision; and b) To pay complainant separation pay equivalent to one (1) month pay for every year of service, in lieu of reinstatement. All other claims are dismissed for lack of merit. SO ORDERED.