Burden of Proving the Fact of Dismissal in Illegal Dismissal Cases
It is axiomatic that in illegal dismissal cases, the employer bears the burden of proving that the termination was for a valid or authorized cause. (Atienza vs. Saluta, G.R. No. 233413, June 17, 2019.)
However, there are cases wherein the facts and the evidence do not establish prima facie that the employee was dismissed from employment. Before the employer is obliged to prove that the dismissal was legal, the employee must first establish by substantial evidence the fact of his dismissal from service. If there is no dismissal, then there can be no question as to the legality or illegality thereof.
Settled is the tenet that allegations in the complaint must be duly proven by competent evidence and the burden of proof is on the party making the allegation. In an illegal dismissal case, the onus probandi rests on the employer to prove that its dismissal of an employee was for a valid cause.
However, before a case for illegal dismissal can prosper, an employer-employee relationship must first be established. Thus, for instance, in filing a complaint for illegal dismissal, based on the premise that the claimant was an employee, it is incumbent upon such complainant to prove first that the employer-employee relationship by substantial evidence.
Stated otherwise, the burden of proof rests upon the party who asserts the affirmative of an issue. Since it is the complainant who is claiming to be an employee, it is, thus, incumbent upon him to proffer evidence to prove the existence of employer-employee relationship between them.
The complainant needs to show by substantial evidence that he was indeed an employee of the company against which he claims illegal dismissal. Corollary, the burden to prove the elements of an employer-
employee relationship, viz.: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power of control, lies upon the respondent.
Bare and unsubstantiated allegations do not constitute substantial evidence and have no probative value.
For instance the employee merely alleges that he was terminated from work, although verbally, the court may ask for more proof.
If aside from the allegation that the complainant was verbally terminated from his work, no other competent evidence showing that he was prevented from returning to his work then such burden may not be overcome.
If, for example, no other evidence was presented that would corroborate the claimed termination, or that he was refused to be given a salary causing him to leave the work premises, the fact of termination may not be proven.
As to claim that the salary was not given, the Court held that it must be taken into account that salaries of employees may not be released for myriad of reasons. Termination may only be one of them.
The basic rule of evidence mandates that each party must prove his affirmative allegation, that mere allegation is not evidence. The evidence presented to show termination from employment must be clear, positive, and convincing.
Absent any showing of an overt or positive act proving that the company had dismissed the complainant, the latter’s claim of illegal dismissal cannot be sustained — as the same would be self-serving, conjectural, and of no probative value.
The following are sample probationary employment contracts which can help HR practitioners, business owners, and managers craft with ease:
Get a complete package of probationary employment documents from employment contract, evaluation criteria, notices, etc. through the Super 5 Packet.
See also the Probationary Tabulation Metrics.