G.R. No.

159448

WAH YUEN RESTAURANT

(Petitioner)
VS.
PRIMO JAYONA G.R. No. 159448
(Respondent)

FACTS
Primo Jayona (respondent) was hired as an assistant manager of Wah Yuen
Restaurant (petitioner) in December 1998 with an initial monthly salary of Php. 9
000.00.
Primo Jayona showed.
By letter memorandum dated January 5, 200, Betty Chua, the President of
petitioner, directed respondent to explain within 72 hours why he should not be
dismissed from the service.
Petitioner through counsel, by letter of April 5, 200 which was served upon
respondent on even date, terminated his services effective that same date.

ISSUES
Whether or not, the respondent showed dishonesty and loss of confidence for
billing a customer in an amount lower than the actual price.
Whether or not, the respondent repeated the same mistake on April 3, 2000.
Whether or not, the respondent filed a complaint for illegal dismissal, recovery of
overtime pay, service incentive leave pay and 13th month pay.

RULING
Wherefore, the decision dated June 6, 2003 and Resolution dated August 7,
2003 Labor Relations Commission, only for the determination of the amount of
separation pay plus back wages and other benefits to which respondent is
entitled.
Costs against petitioner.
So ordered.

REFERENCE:

http://sc.judiciary.gov.ph/jurisprudence/2005/dec2005/159448.htm