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Feng shui brings bad luck to spa owner

By Marlon Ramos
Philippine Daily Inquirer
First Posted 06:18:00 08/30/2010

Filed Under: Employment, Judiciary (system of justice)

MANILA, Philippines?The Supreme Court has ordered a spa to pay close to P200,000 in back wages and moral damages to an employee it fired based on the recommendation of a feng shui expert.

In a ruling promulgated last week, the high court upheld an earlier decision which found Wensha Spa Center Inc. president Xu Zhi Jie liable for unlawfully sacking Loreta Yung, who was administrative manager of the spa?s Quezon City branch.

?The court finds (Yung?s) complaint credible,? the high tribunal said in a 14-page decision penned by Associate Justice Jose Catral Mendoza with four associate justices concurring.

?There is consistency in her pleadings and evidence. In contrast, Wensha?s pleadings and evidence, taken as a whole, suffer from inconsistency,? it added.

The court, however, granted Xu?s request that he not be made to settle Wensha?s financial obligations to Yung, as he did not show any ?bad faith or malice? in firing her.

Bad faith refers to a ?breach of a known duty through some motive, interest or ill will.?

Moreover, the Court of Appeals was right in ruling that Yung was sacked unceremoniously and that her termination was ?questionable,? the court said.

According to court records, Yung joined Wensha on April 21, 2004, after Xu invited her to work for him as his personal assistant when he opened the spa in Quezon City.

Barely a month later, Xu promoted Yung to administrative manager as she had improved the company?s financial performance.

On Aug. 10 of the same year, Yung said her boss instructed her to go on leave with pay after a feng shui master who inspected the spa said her aura ?did not match with Xu? and she was bringing a ?jinx? to the business.

Feng shui is an ancient Chinese belief on the influence objects and people have on their surroundings and other aspects of life.

When she reported back to work on Sept. 10, Yung said she was asked to resign.

She went to the National Labor Relations Commission (NLRC) to file a case for illegal dismissal against Xu.

In his defense, Xu said he terminated Yung?s employment for ?lack of trust and confidence? after she allegedly sowed intrigue among her co-workers.

Labor arbiter Francisco Robles threw out Yung?s petition because she failed to support her claim that she was fired on the advice of a feng shui expert.

The NLRC sustained Robles? ruling on Dec. 29, 2006, and denied Yung?s motion for reconsideration, prompting her to go to the Court of Appeals.

In its review of Yung?s case, the appellate court reversed the NLRC ruling.

Xu then asked the Supreme Court to overturn the Court of Appeals? decision, saying that it had committed grave abuse of discretion.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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