illegal dismissal

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 […]

The rule is that “in illegal dismissal cases, the burden of proof is on the employer in proving the validity of dismissal. However, the fact of dismissal, if disputed, must be duly proven by the complainant. In relation thereto, Section 3, Rule 1 of the 2011 NLRC Rules of Procedure provides for the suppletory application […]

Dismissal of employment based on loss of trust and confidence is one of the just causes under Article 297 of the Labor Code, as amended. Loss of trust and confidence is a just cause for dismissal under Article 282(c) [now 297] of the Labor Code, which provides that an employer may terminate an employment for […]

Jurisprudence is settled that in determining the sanction imposable to an employee, the employer may consider and weigh her other past infractions or the so-called totality of infractions rule. Previous offenses may be used to aggravate a subsequent infraction to justify an employee’s dismissal only if they are related to the subsequent offense upon which […]

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. In the case of Italkarat 18, Inc. vs. Gerasmio, G.R. No. 221411, September 28, 2020, the […]

Temporary displacement or temporary off-detail of security guard is, generally, allowed in a situation where a security agency’s client decided not to renew their service contract with the agency and no post is available for the relieved security guard. Such situation does not normally result in a constructive dismissal. Nonetheless, when the floating status lasts […]