Globe-Mackay Cable and Radio Corporation

vs.
National Labor Relations Commission and Salazar
G.R. No. 82511 March 3, 1992

Facts:

Imelda Salazar, the private respondent, was employed as general systems analyst of Globe-
Mackay Cable and Radio Corp. (GMRC). While Delfin Saldivar was employed as manager for
technical operations' support with whom private respondent allegedly very close. The petitioner’s
internal audit report disclosed that Saldivar had the missing Fedders airconditioning. It also
appeared in the investigation that Salazar violated company regulations by involving herself as
she signed as witness to articles of partnership between Yambao and Saldivar. The company
placed Salazar under one (1) month preventive suspension. Thus, the private respondent filed a
complaint in National Labor Relations Commission against the petitioner for illegal suspension
and dismissal.

Issue/s:

Whether or Not the action of dismissal would constitute a violation of Art. 279 of the Labor
Code, which protects the security of tenure of an employee

Ruling:

Yes. The Court believe an employee should not be suspended or dismissed on the basis of
suspicion derived from speculative inferences. The Labor Code is clear and unambiguous "An
employee who is unjustly dismissed from work shall be entitled to reinstatement and full back
wages." If a statute is clear, plain and free from ambiguity, it must be given its literal meaning
and applied without attempted interpretation. This plain-meaning rule or Verba Legis derived
from the maxim "Speech is the index of intention" should be applied in this case.

According to the Labor Code, Salazar is entitled to reinstatement and full back wages allowed by
the Court.