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Executive Summary - Gososo V Leyte Lumber Yard

The document summarizes key concepts in illegal dismissal cases: 1) In illegal dismissal cases, the employee must first prove they were dismissed before the employer must prove the dismissal was legal. 2) Constructive dismissal occurs when continued employment is impossible due to demotion, diminished pay, or discrimination making the work environment intolerable, lacking the employee's voluntary separation. 3) For abandonment of work, the employer must prove the employee failed to report without valid reason and had a clear intent to end employment through overt actions beyond mere absence.

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66 views1 page

Executive Summary - Gososo V Leyte Lumber Yard

The document summarizes key concepts in illegal dismissal cases: 1) In illegal dismissal cases, the employee must first prove they were dismissed before the employer must prove the dismissal was legal. 2) Constructive dismissal occurs when continued employment is impossible due to demotion, diminished pay, or discrimination making the work environment intolerable, lacking the employee's voluntary separation. 3) For abandonment of work, the employer must prove the employee failed to report without valid reason and had a clear intent to end employment through overt actions beyond mere absence.

Uploaded by

marvin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EXECUTIVE SUMMARY

GOSOSO VS. LEYTE LUMBER YARD

Who has the burden of proving illegal dismissal claims?

In illegal dismissal cases, the employee must first establish by substantial evidence the fact of
dismissal before the employer is charged with the burden of proving its legality.

What is Constructive dismissal?

Constructive dismissal has often been defined as a "dismissal in disguise" or "an act amounting
to dismissal but made to appear as if it were not." It exists where there is cessation of work
because continued employment is rendered impossible, unreasonable or unlikely, as an offer
involving a demotion in rank and a diminution in pay. In some cases, while no demotion in rank
or diminution in pay may be attendant, constructive dismissal may still exist when continued
employment has become so unbearable because of acts of clear discrimination, insensibility or
disdain by the employer, that the employee has no choice but to resign. Under these two
definitions, what is essentially lacking is the voluntariness in the employee's separation from
employment.

When is there abandonment of work?

Abandonment requires the concurrence of the following: (1) the employee must have failed to
report for work or must have been absent without valid or justifiable reason; and (2) there must
have been a clear intention to sever the employer-employee relationship manifested by some
overt acts. Abandonment is a matter of intention and cannot lightly be presumed from
equivocal acts. Absence must be accompanied by overt acts pointing definitely to the fact that
the employee simply does not want to work anymore. The burden of proof to show that there
was unjustified refusal to go back to work rests on the employer

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