Abandonment of Work is a Matter of Intention and Cannot be Presumed from Indefinite ActsAtty Elvin
In order for the employer to discharge its burden to prove that the employee committed abandomnent, which constitutes neglect of duty, and is a just cause for dismissal, the employer must prove that the employee
- failed to report for work or had been absent without valid reason; and
- had a clear intention to discontinue his or her employment
The second requirement must be manifested by overt acts and is more determinative in concluding that the employee is guilty of abandonment.
This is because abandonment is a matter of intention and cannot be lightly presumed from indefinite acts.
Here, Brown contends that on May 28, 2010, his employer informed him that it was already his last day of work; and, thereafter, he was no longer admitted back to work.
On the other hand, Marswin/Tan confirmed having summoned Brown on May 28, 2010 but they denied that he was dismissed, but that he left the meeting and since then never returned for work.
Nonetheless, apart from the allegation of abandonment, Marswin/Tan presented no evidence proving that Brown failed to return without justifiable reasons and h2ld clear intentions to discontinue his work.
(Brown vs. Marswin Marketing, Inc., G.R. No. 206891, March 15, 2017)