- Petitioner
- Every Nation Language Institute
- Respondent
- Dela Cruz
- Citation
- G.R. No. 225100
- Court
- Labor Arbiter (LA) to National Labor Relations Commission (NLRC) to Court of Appeals (CA) to Supreme Court (SC)
- Division
- First Division
- Ponente
- J.C. Reyes, Jr., J.
- Decided
- February 19, 2020
Summary
This Supreme Court case clarifies that preventive suspension, while initially justified for protecting employer property when an employee has access to confidential records and finances, becomes constructive dismissal when it exceeds the 30-day maximum period without reinstatement. ENLI validly suspended branch administrator Dela Cruz for alleged infractions, but failed to reinstate her after the suspension period expired on July 22, 2012. The Court ruled this constituted constructive dismissal, entitling Dela Cruz to backwages from that date. The decision emphasizes that employers must either reinstate suspended employees within 30 days or extend the suspension with pay, and that defensive claims like abandonment cannot be raised belatedly without proper procedural compliance. This case strengthens worker protection against indefinite suspensions disguised as legitimate disciplinary measures.