This case has been cited 2 times or more.
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2011-02-23 |
NACHURA, J. |
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| In Mobile Protective & Detective Agency v. Ompad[16] and Mora v. Avesco Marketing Corporation,[17] we ruled that should the employer interpose the defense of resignation, it is incumbent upon the employer to prove that the employee voluntarily resigned. On this point, petitioner failed to discharge the burden. | |||||
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2010-04-13 |
BRION, J. |
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| The fact of filing a resignation letter alone does not shift the burden of proving that the employee's dismissal was for a just and valid cause from the employer to the employee. In Mora v. Avesco,[5] we ruled that should the employer interpose the defense of resignation, it is still incumbent upon the employer to prove that the employee voluntarily resigned. To our mind, Outdoor Clothing did not discharge this burden by belatedly presenting the three memoranda it relied on. If these memoranda were authentic, they would have shown that Peñaflor's resignation preceded the appointment of Buenaobra. Thus, they would be evidence supporting the claim of voluntariness of Peñaflor's resignation and should have been presented early on in the case - any lawyer or layman by simple logic can be expected to know this. Outdoor Clothing however raised them only before the NLRC when they had lost the case before the labor arbiter and now conveniently attributes the failure to do so to its former counsel. Outddor Clothing's belated explanation as expressed in its motion for reconsideration, to our mind, is a submission we cannot accept for serious consideration. We find it significant that Peñaflor attacked the belated presentation of these memoranda in his Answer to Outdoor Clothing's Memoranda of Appeal with the NLRC, but records do not show that Outdoor Clothing ever satisfactorily countered Peñaflor's arguments. It was not until we pointed out Outdoor Clothing's failure to explain its belated presentation of the memoranda in our January 21, 2010 decision that Outdoor Clothing offered a justification. | |||||