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PENINSULA MANILA

FACTS:

The case involves a complaint for illegal dismissal filed by Elaine Alipio against The Peninsula Manila, Rolf Pfisterer (general manager), and Benilda Quevedo-Santos (human resources manager). Alipio was initially hired as a reliever nurse but had been performing the tasks and functions of a regular nurse. She inquired about her 13th month pay and was paid for 1997 but denied for the years 1993 to 1996.

On December 18, 1998, Alipio was informed that she could only report for work after meeting with Santos. During their meeting, Santos asked Alipio about her payslip vouchers and subsequently directed her not to report for work anymore.

The Labor Arbiter dismissed Alipio's complaint but ordered the hotel to pay her separation pay. The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter's decision but deleted the award of separation pay. However, the Court of Appeals reversed the NLRC's decision and ordered Alipio's reinstatement as a regular staff nurse with full backwages, benefits, moral damages, exemplary damages, and attorney's fees.

The petitioners filed a review on certiorari, arguing that the findings of the Labor Arbiter and NLRC should have been respected. They claimed that Alipio's dismissal was valid and that she cannot be reinstated as a regular staff nurse.

ISSUES:

  1. Whether the Court of Appeals erred in reversing the findings of the NLRC and declaring the dismissal of Alipio to be illegal.

  2. Whether the Court of Appeals erred in ordering the reinstatement of Alipio with full backwages, moral and exemplary damages, and attorney's fees.

RULING:

  1. The Court of Appeals did not err in reversing the findings of the NLRC and declaring the dismissal of Alipio to be illegal. The Court of Appeals found that the evidence on record did not support the findings of the Labor Arbiter and the NLRC that Alipio was not an employee of Peninsula and that she was validly dismissed. Therefore, the Court of Appeals' decision to reverse the NLRC's decision was justified.

  2. The Court of Appeals did not err in ordering the reinstatement of Alipio with full backwages, moral and exemplary damages, and attorney's fees. Based on the finding that Alipio's dismissal was illegal, the Court of Appeals correctly ordered her reinstatement and awarded her the corresponding damages and attorney's fees.

PRINCIPLES:

  • The Court of Appeals has the authority to reverse the decision of the NLRC if the evidence on record does not support the findings of the NLRC.

  • An illegal dismissal entitles the employee to reinstatement with full backwages, moral and exemplary damages, and attorney's fees.