MANILA, Philippines - The Supreme Court has ruled in favor of a spa employee who was earlier sacked by Wensha Spa Center, Inc. in Quezon City because of a Feng Shui reading.

In a ruling penned by Associate Justice Jose Mendoza, the 2nd division of the high court affirmed a Court of Appeals ruling that found Loreta Yung illegally dismissed by employer Xu Zhi Jie.

Yung claimed claimed she was dismissed by Wensha and Xu because a Feng Shui expert said her aura and Chinese zodiac sign “did not match that of Xu” and would subsequently be bad for business.

Yung worked as administrative manager for the branch in Quezon City.

She subsequently filed a case against Xu and Wensha before the National Labor Relations Commission (NLRC).

Her complaint was dismissed for lack of merit.

The labor arbiter ruled in favor of Wensha, which claimed Yung was first asked to go on leave for a month while complaints of other employees against her were being investigated.

The arbiter also gave credence to Wensha’s claims that she was dismissed thereafter due to the company's loss of trust and confidence in her.

Yung elevated the case to the Court of Appeals.

Ruling in her favor, the appellate court said her dismissal was not supported by evidence.

The affidavits presented by Wensha’s witnesses were also mere photocopies, which violates rules on the presentation of evidence.

The appellate court also took note of inconsistencies in Wensha’s position papers, in particular the date it claimed Yung was dismissed from service.

The high court agreed. It said “the Court finds Loreta's complaint credible. There is consistency in her pleadings and evidence. In contrast, Wensha's pleadings and evidence, taken as a whole, suffer from inconsistency....”

It said Yung’s narration of the events surrounding her termination from employment was simple and straightforward.  Her claims are more credible than the affidavits which were clearly prepared as an afterthought, the high court noted.

The high court also noted that Yung was not informed of the charges against her nor she was given the opportunity to respond to those charges prior to her dismissal.

The high court ordered Wensha spa to pay Yung her full backwages, privileges, benefits or their monetary equivalents and separation pay reckoned from the date of her dismissal, or on September 1, 2004 up to the finality of the decision.

The high court also ordered the firm to pay her P50,000 in moral damages, P25,000 in exemplary damages and P20,000 in attorney’s fees.