Burden of Proof in Employee Dismissal
Burden of proof in dismissal cases lies with the employer. This means that if an employee is dismissed from service, the employer has to prove that such dismissal is valid.
An employee is entitled to security of tenure. Article 294 of the Labor Code provides, that:
“ART. 294. Security of tenure.—In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.”
By way of exception, the employer may terminate the employment of an employee for just cause or authorized cause. The burden of proving the validity of dismissal lies with the employer as set forth under Art. 292 (b) of the Labor Code. Thus:
“Article 292. Miscellaneous Provisions.-
Xxx
The burden of proving that the termination was for a valid or authorized cause shall rest on the employer.”
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The employer has to present substantial evidence to prove that ground for dismissal. The Court can
always inquire on the decision of the employer to terminate.
In Caltex Refinery Employees Association vs. NLRC [316 Phil. 335, 343-344 (1995).] and in the subsequent case of Gutierrez vs. Singer Sewing Machine Company [458 Phil. 401, 413 (2003).], it was held that even when there exist some rules agreed upon between the employer and employee on the subject of dismissal, the same cannot preclude the State from inquiring on whether their rigid application would work too harshly on the employee.
In the case of Cavite Apparel, Inc. vs. Marquez [G.R. No. 172044, February 06, 2013.], the Supreme Court (SC) had the occasion to rule against the disproportionate or harsh imposition of penalty, to wit:
“This Court will not hesitate to disregard a penalty that is manifestly disproportionate to the infraction committed. Xxx”
While previous infractions may be used to support an employee’s dismissal from work in connection with a subsequent similar offense, we cautioned employers in an earlier case that although they enjoy a
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wide latitude of discretion in the formulation of work-related policies, rules and regulations, their directives and the implementation of their policies must be fair and reasonable; at the very least, penalties must be commensurate to the offense involved and to the degree of the infraction.”
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