Illegal dismissal

Illegal dismissal "My employers of 12 years verbally fired me for no reason at all. I consequently filed a labor case against them. My employers now retracted from the fact of dismissal as they said I actually left my work without notice. Can they prevail just by alleging this?Anthony Dear Anthony,Fairly recent is the case of Ernesto Brown vs. Marswin Marketing, et al. (GR 206891, March 15, 2017, Ponente: Associate Justice Mariano del Castillo), which emphasized on the duty or burden of the employers to prove that abandonment attended the situation of its employee, viz.: “[I]n dismissal cases, the employer bears the burden of proving that the employee was not terminated, or if dismissed, that the dismissal was legal. Resultantly, the failure of the employer to discharge such burden would mean that the dismissal is unjustified and thus, illegal. The employer cannot simply discharge such burden by its plain that it did not dismiss the employee and it is highly absurd if the employer will escape liability by its mere claim that the employee abandoned his or her work. In fine, where there is no clear and valid cause for termination, the law treats it as a case of illegal dismissal.“Thus, in order for the employer to discharge its burden to prove that the employee committed abandonment, which constitutes neglect of duty, and is a just cause for dismissal, the employer must prove that the employee 1) failed to report for work or had been absent without valid reason and 2) 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.” (Boldfacing supplied) Clearly, absent the foregoing circumstances and the failure of the employer to prove such facts, abandonment of the employee as a defense may not lie. It must be clear, however, that the employee should consistently show and prove that he was indeed verbally terminated by his employer and that he acted upon this fact the soonest.In your situation, it is expected by the tribunal or the Court hearing your complaint that your employers shall substantiate their defense that you actually abandoned your work. On your part, as well, the tribunal or the court expects that you will be able to show that you were indeed illegally dismissed by your employers. We hope that we were able to answer your query. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/