Burden of Proof for Termination: Cassation File Number: 228116
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 … Read more