This case has been cited 1 times or more.
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2006-08-15 |
CHICO-NAZARIO, J. |
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| It must be noted that in termination cases, the burden of proof rests upon the employer to show that the dismissal of the employee is for just cause and failure to do so would mean that the dismissal is not justified. This is in consonance with the guarantee of security of tenure in the Constitution[28] and elaborated in the Labor Code.[29] A dismissed employee is not required to prove his innocence of the charges leveled against him by his employer.[30] The determination of the existence and sufficiency of a just cause must be exercised with fairness and in good faith and after observing due process.[31] Hence, there are two requisites which must be complied with by an employer for a valid dismissal, to wit: the dismissal must be for a just or authorized cause; and, | |||||