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JOSE GABISAY v. VS.

This case has been cited 4 times or more.

2008-03-28
CHICO-NAZARIO, J.
The law mandates that it is incumbent upon the employer to prove the validity of the termination of employment.[32] Failure to discharge this evidentiary burden would necessarily mean that the dismissal was not justified and, therefore, illegal.[33] Unsubstantiated claims as to alleged compliance with the mandatory provisions of law cannot be favored by this Court. In case of doubt, such cases should be resolved in favor of labor, pursuant to the social justice policy of our labor laws and Constitution.[34]
2006-11-29
CHICO-NAZARIO, J.
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.[13] 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 our labor laws and Constitution.[14]
2005-05-06
QUISUMBING, J.
We reiterate here the settled rule that in illegal dismissal cases, the employer bears the burden of showing that the dismissal was for a just or authorized cause.[37] Failure by the employer to discharge this burden, as in this case, would necessarily mean that the dismissal is not justified, and therefore illegal.[38]
2001-12-07
PARDO, J.
On March 2, 1999, petitioner filed another motion to dismiss[16] on the ground of lack of jurisdiction over the subject matter of the case since P.D. No. 1083 is applicable only to Muslims. On March 3, 1999, Fouzi filed an opposition to the motion to dismiss and argued that at the inception of the case, both parties were Muslims, Fouzi by birth and Sabrina by conversion.