Date: October 29, 2015 (E.C.)
Binding Legal Interpretation (Principle):
Where an employer argues that it has dismissed an employee, the occurrence of the termination itself cannot be a point of contention (issue). When an employer claims to have terminated the contract due to the employee’s fault (e.g., absenteeism), the employer bears the burden of proving said fault.
Reasoning:
Since the Applicant (Employer) did not deny dismissing the Respondent during oral arguments, it is established that the termination was initiated by the employer.
Although the Applicant claimed to have terminated the contract because the Respondent was absent for five consecutive days, it failed to produce evidence to prove this fault; thus, the termination is unlawful.
Ruling:
The decisions of the lower courts are affirmed.