Top Form Mfg. Co., INC.
v.
NLRC
G.R. No. 65706
December 11, 1992
FACTS:
Respondent Malubay was a head supervisor at Top Form manufacturing Inc. (petitioner). On January 10, 1981, private respondent and her co-supervisors were called to a meeting by Dickinson John, production Manager. Dickinson declared that he was not satisfied with the production output, berating private respondent and the other supervisors, "You are bullshits". "You Filipinos, get out, you are all lazy, you are like pigs, all of you go home. I do not want to see your face again."
As a result, respondent told and instructed her co-supervisors. "Huwag pumasok sa lunes para matauhan si Dickinson." Thus on the next working day, they absented themselves from work. However, on January 13, she and her companions reported for work.
On January 16, 1981, petitioner filed an application for a clearance to terminate the services of respondent on the ground of "loss of management confidence." Private respondent was placed under preventive suspension leading to her termination.
Respondent filed a complaint for illegal dismissal against petitioner. The labor arbiter dismissed the complaint. The NLRC, reversed the arbiter. MR was denied, hence the instant petition.