The National Labor Relations Commission (NLRC) ordered the Robinsons Supermarket Corporation to reinstate the respondent Cashier to her former or equivalent position without loss of seniority rights and privileges and to pay her full backwages, after she was constructively dismissed from employment.
The Supreme Court in a 2011 decision affirms the NLRC decision that respondent Cashier was denied due process by petitioner Supermarket.
Although respondent Cashier was only a probationary employee, the subsequent lapse of her probationary contract of employment did not have the effect of validly terminating her employment because constructive dismissal has already been effected when respondent Cashier send to jail for two weeks.
Respondent Cashier was a probationary employee of petitioner Supermarket for a period of five (5) months, or from October 15, 1997 until March 14, 1998. She underwent six (6) weeks of training as a cashier before she was hired as such on October 15, 1997.
Two weeks after she was hired, or on October 30, 1997, respondent Cashier reported to her supervisor the loss of cash amounting to P20,299.00 which she had placed inside the company locker. The Operations Manager of petitioner Supermarket ordered that respondent Cashier be strip-searched by the company guards. However, the search on her and her personal belongings yielded nothing.