Preventive Suspension as a Recourse of an Employer

Preventive suspension may be legally imposed against errant employee only when his alleged violation is the subject of an investigation and resorted to only while he is undergoing an investigation for certain serious offenses. Consequently, its purpose is to prevent him from causing harm or injury to the company as well as to his fellow employees. It is justified only in cases where the employee’s continued presence in the company premises during the investigation poses a serious and imminent threat to the life or property of the employer or of the employee’s co-workers. Without this threat, preventive suspension is not proper.

(Maula v. Ximex Delivery Express, Inc., G.R. No. 207838, January 25, 2017).

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