GLOBE-MACKAY CABLE AND RADIO CORPORATION, petitioner, vs.

NATIONAL LABOR
RELATIONS COMMISSION and IMELDA SALAZAR, respondents.

I. FACTS
In 1982, Imelda L. Salazar was employed as a general systems analyst as well as Delfin
Saldivar by Globe-Mackay Cable and Radio Corporation (GMCR). In 1984, reports of missing
company equipment and spare parts under the custody of Saldivar were missing, which
prompted petitioner GMCR to conduct an investigation regarding the activities of the latter.
According to the report, Saldivar had entered a partnership with Yambao, owner and manager
of Elecon Engineering Services, a supplier of equipment and spare parts of petitioner. Salazar
signed as a witness to the partnership between Saldivar and Yambao and it appeared that she
had knowledge of the whereabouts of the airconditioning unit that Saldivar had taken but failed
to inform her employer.
In 1984, Salazar was placed under preventive suspension for one month. But instead of
submitting a letter of explanation, Salazar filed a complaint against GMCR for illegal
suspension. After notifying Salazar in writing, she subsequently amended her complaint. After
due hearing, the Labor Arbiter ordered petitioner to reinstate Salazar to her former or equivalent
position. On appeal, NLRC, limited the back wages to a period of two years and deleted the
award for moral damages.
ISSUES
Whether or not Salazar’s dismissal is legal.
Whether or not Salazar is entitled to two years backwages
HELD
A. YES. Salazar was suspended. Preventive suspension does not mean that the employee was
guilty, she was asked to explain. So it is erroneous to conclude that GMCR had violated
Salazar’s right to due process. She even ignored the memorandum to give her side on the
matter.
B. In this case, there was no evidence which clearly showed a cause for the dismissal of private
respondent, she had every right, not only to be entitled to reinstatement, but as well, to full back
wages. The Labor Code is clear and unambiguous in the statement that those employees that
are wrongly dismissed are entitled to backwages and reinstatement. An exception to
reinstatement is strained relationship. To qualify one must be in a position of trust and loyalty
but as Salazar is not in the position mentioned, she can be reinstated. An employee must not be
terminated because of mere presumptions.