totality of infractions principle

In an illegal dismissal case, the onus probandi rests on the employer to prove that the employee’s dismissal was for a valid cause. A valid dismissal requires compliance with both substantive and procedural due process – that is, the dismissal must be for any of the just or authorized causes enumerated in Article 297 and […]

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 […]