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Labor Jurisprudence: G.R. No. 171630, August 8, 2010

The document discusses three key aspects of labor jurisprudence related to employee dismissal: 1. The burden of proof in termination cases rests with the employer. Unsubstantiated claims by employers do not legally justify dismissing employees. 2. Procedural due process in termination requires the employer provide two written notices - the first informing of acts/omissions leading to dismissal, and the second informing of the dismissal decision. The employee must have an opportunity to be heard. 3. For a dismissal to be lawful, the employee must be accorded due process including an opportunity to be heard, and the dismissal must be for a cause provided in the Labor Code of the Philippines.

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43 views

Labor Jurisprudence: G.R. No. 171630, August 8, 2010

The document discusses three key aspects of labor jurisprudence related to employee dismissal: 1. The burden of proof in termination cases rests with the employer. Unsubstantiated claims by employers do not legally justify dismissing employees. 2. Procedural due process in termination requires the employer provide two written notices - the first informing of acts/omissions leading to dismissal, and the second informing of the dismissal decision. The employee must have an opportunity to be heard. 3. For a dismissal to be lawful, the employee must be accorded due process including an opportunity to be heard, and the dismissal must be for a cause provided in the Labor Code of the Philippines.

Uploaded by

Amanda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LABOR JURISPRUDENCE

Dismissal; burden of proof. The law mandates that the burden of proving the validity of the
termination of employment rests with the employer. Failure to discharge this evidentiary
burden would necessarily mean that the dismissal was not justified and, therefore, illegal.
Unsubstantiated suspicions, accusations, and conclusions of employers do not provide for
legal justification for dismissing employees. In case of doubt, such cases should be resolved
in favor of labor, pursuant to the social justice policy of labor laws and the
Constitution. Century Canning Corporation, Ricardo T. Po, Jr., et al. vs. Vicente Randy R.
Ramil, G.R. No. 171630, August 8, 2010.

Dismissal; due process. In termination proceedings of employees, procedural due process


consists of the twin requirements of notice and hearing. The employer must furnish the
employee with two written notices before the termination of employment can be effected: (1)
the first apprises the employee of the particular acts or omissions for which his dismissal is
sought; and (2) the second informs the employee of the employers decision to dismiss him.
The requirement of a hearing is complied with as long as there was an opportunity to be
heard, and not necessarily that an actual hearing was conducted. Pharmacia and Upjohn,
Inc., et al. vs. Ricardo P. Albayda, Jr., G.R. No. 172724, August 23, 2010.

Dismissal of employees; requirements. The validity of an employees dismissal from service


hinges on the satisfaction of the two substantive requirements for a lawful termination.
These are, first, whether the employee was accorded due process the basic components of
which are the opportunity to be heard and to defend himself. This is the procedural aspect.
And second, whether the dismissal is for any of the causes provided in the Labor Code of
the Philippines. This constitutes the substantive aspect. Erector Advertising Sign Group,
Inc. and Arch Jimy C. Amoroto vs. Expedito Cloma, G.R. No. 167218, July 2, 2010.

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