burden of proof

An employee who alleges to have been dismissed from service has the burden of proof. The rule is that before resolving the legality or illegality of dismissal, the fact of dismissal must first be established. It is axiomatic that in illegal dismissal cases, the employer bears the burden of proving that the termination was for […]

In a case where the employee filed an illegal dismissal case with the National Labor Relations Commission (NLRC) and the employer defends against it by alleging the employee has resigned, the Supreme Court (SC) usually rules by examining the facts and circumstances of the case. The rule is that one who alleges a fact has […]

As a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice of giving separation pay to resignees. (Italkarat 18, Inc. vs. Gerasmio, G.R. No. 221411, September 28, 2020) An employee who claims that […]

Dismissal of employee is one of the crucial decisions of an employer. The rules have been duly established. But the mentality required in handling the dismissal situation form the perspective of the employer should be clearly understood. Where the fact of employee’s dismissal from service is undisputed by the parties, the crux of the issue […]

In the case of Italkara 18, Inc. vs. Gerasmio (G.R. No. 221411, September 28, 2020), the Supreme Court (SC) held that the fact of dismissal must first be proven by the employee, especially considering the existence of a resignation letter signed by him. Indeed, in illegal dismissal cases, the burden of proof is on the […]

In evaluating evidence available in a dismissal case, must the guilt of an employee be proved beyond reason-able doubt just like in criminal cases? The answer is no. Proceeding in labor is administrative in nature. All administrative determinations require only substantial proof and not clear and convincing evidence. (Segismundo vs. NLRC, G.R. No. 112203, December […]