Tag - Substantial evidence

Serious Misconduct Exists When the Employee Creates False Narrative Against the Employer

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and ( c) it  must have been performed with wrongful intent. Thus, the Supreme Court (SC) ruled in the following case of Metro Psychiatry, Inc. vs. Bernie J. Llorente (G.R. No. 245258, February 5, 2020). Llorente was served with a Memorandum by MPI [...]

Substantial Evidence is the Standard of Proof Required in Labor Cases

Substantial evidence is that amount of evidence which a reasonable mind might accept as adequate to justify a conclusion. Proving a labor case does not have to be beyond reasonable doubt. Proof that is substantial enough to support a position may be sufficient to establish a claim or defense. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 88-89). In evaluating evidence available in a dismissal case, must the guilt of an employee [...]

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