This case has been cited 1 times or more.
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2007-08-09 |
CARPIO, J. |
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| Unsubstantiated suspicions, accusations, and conclusions of the employer are not sufficient to justify an employee's dismissal. The employer must prove by substantial evidence the facts and incidents upon which the accusations are made.[39] In Philippine Associated Smelting and Refining Corporation (PASAR) v. NLRC,[40] we ruled that the mere conduct of an investigation and the statements of the company's security guard are not enough to establish the validity of the charge of wrongdoing against the dismissed employees. It is not enough for an employer who wishes to dismiss an employee to charge him with wrongdoing. The validity of the charge must be established in a manner consistent with due process. A suspicion or belief no matter how sincerely felt cannot substitute for factual findings carefully established through an orderly procedure. | |||||