Practice question
In a case where an employee must first establish the alleged dismissal, the employer also invokes abandonment as a termination ground. It says that the employee’s threshold burden permanently excuses the employer from proving that affirmative ground even if dismissal is established. Which is best?
- The employee’s initial burden validates every possible cause
- Abandonment is always presumed after any disagreement
- No distinction exists between proving dismissal and proving its justification
- The burdens address different issues: the fact of dismissal and the employer’s asserted lawful cause must each be assessed under the governing rules
- The employer may rely solely on the word abandonment
Legal references
- Ador v.T.Osada Logistics, GR265600, February24,2026; abandonment principles: https://lawphil.net/judjuris/juri2026/feb2026/gr_265600_2026.html
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