This case has been cited 1 times or more.
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2012-02-08 |
MENDOZA, J. |
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| As the employer, Garden of Memories has the burden of proof to show the employee's deliberate and unjustified refusal to resume his employment without any intention of returning.[24] For abandonment to exist, two factors must be present: (1) the failure to report for work or absence without valid or justifiable reason; and (2) a clear intention to sever employer-employee relationship, with the second element as the more determinative factor being manifested by some overt acts.[25] It has been said that abandonment of position cannot be lightly inferred, much less legally presumed from certain equivocal acts.[26] Mere absence is not sufficient.[27] | |||||