Globe Mackay Cable and Radio Corporation vs.

NLRC

FACTS:
Private respondent, Imelda Salazar, was employed by globed-mackay cable and radio corporation as general
system analyst. Also employed by the petitioner was delfin saldivar and manager for technical support operations
support with whom private respondent was allegedly very close.
Sometime 1984, conducted an investigation on saldivars activities the report indicated that saldivar entered into a
partnership with a supplier of petitioner often recommended by saldivar. The report also disclosed that saldivar
was in possession of several air conditioned units owned by the company.
The report likewise showed that Salazar violated company regulations by involving into activities in
conflict with the companys interest. Moreover, it showed that Salazar signed as a witness in the partnership
entered by saldivar and also had knowledge of the loss of the air conditioner units and failed to report to the
employer.
Consequently, Salazar was placed under preventive suspension and was asked for an explanation but instead of
submitting an explanation. Private respondent filed a complaint for illegal dismissal after petitioner notified her
into writing that she was dismissed for failure to refute and disprove these findings.
Labor arbiter ordered petitioner to reinstate Salazar to her former and equivalent position and to ay full
backwages and other benefits plus P50.000 for moral damages. NLRC affirmed the decision with respect to
reinstatement but limited the backwages to two yerars.
ISSUE
I.

preventive suspension was the proper remedial recourse available to the

company pending salazars investigation it does not signify that the company has
adjudge the employee guilty of the charges. Such disciplinary measure is resorted
to for the protection of the companys property pending investigation of any
alleged malfeasance or misfeasance committed by the employee.
II.
Whether private respondent was illegally dismissed petitioner has predicated its
dismissal of Salazar on loss of confidence. While loss of confidence or breach of
trust is a valid ground for termination, it must rest on some basis which must be
convincingly established an employee may not be dismissed on mere
presumptions or suppositions.
III.
Employees illegally dismissed entitled to reinstatement and full backwages
the intendment of the law in prescribing the twin remedies of reinstatement and payment of
backwages is to restore the employee of her status before she lost her job and to give her back the
income lost during the period of unemployment. Both remedies, looking to the past, would perforce
make her whole.
The principle of strained relations cannot be applied indiscriminately. Here it has not been proven
that the position of the private respondent as system analyst may be characterized as a position of
trust and confidence such that if reinstated, it may well lead to strained relations between employer
and employee