Practice question
An employee invokes security of tenure in an illegal-dismissal complaint, but whether any dismissal occurred is disputed. Which starting point follows Simon v Results Companies?
- The right to tenure conclusively proves dismissal.
- The employer must prove a cause before the employee supplies any evidence of dismissal.
- The employee must first establish dismissal by substantial evidence.
- Every absence from work is automatically a discharge.
- A written termination letter is the only possible evidence.
Legal references
- 1987 Constitution Article XIII Section 3: https://lawphil.net/consti/cons1987.html
- Simon v Results Companies, G.R. 249351-52, March 29 2022, main opinion: https://lawphil.net/judjuris/juri2022/mar2022/gr_249351-52_2022.html
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