Burden of Proof in Illegal Dismissal Cases | 22 December 2024

Illegal dismissal refers to the termination of employment or separation from employment without complying with substantial and procedural due process. In all cases of termination of employment, the standards of substantial and procedural due process laid down under the Labor Code must be observed. In simpler terms, an employee may only be dismissed for just or authorized causes, and only after due notice which gives the employee ample opportunity to be heard.

Author

Alburo Law
December 22, 2024

In illegal dismissal cases, the burden of proof is on the employer in proving the validity of dismissal. However, the fact of dismissal, if disputed, must be duly proven by the complainant. (Italkarat 18, Inc. v. Juraldine Gerasmio, G.R. No. 221411, September 28, 2020)

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