This case has been cited 3 times or more.
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2009-04-16 |
BRION, J. |
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| In a memorandum filed on August 13, 2003,[18] the petitioner claims that: the CA did not give any plausible or legal reason in upholding the findings of the labor arbiter and disregarding those of the NLRC - it merely brushed aside the NLRC's well-founded conclusions and adopted the factual findings of the labor arbiter; and, these findings of the labor arbiter rested solely on the respondents' naked assertions and self-serving statements, in marked contrast with the findings of the NLRC which are entitled to respect and finality because they are supported by substantial evidence. Citing Sanyo Travel Corporation, et al. v. NLRC, et al.,[19] the petitioner posits that the employer must prove the validity of a dismissal; it is not for the employee to prove its invalidity. | |||||
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2008-06-26 |
CHICO-NAZARIO, J. |
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| Finally, the Quitclaims which the respondents signed cannot bar them from demanding what is legally due them as regular employees. As a rule, quitclaims and waivers or releases are looked upon with disfavor and frowned upon as contrary to public policy. They are thus ineffective to bar claims for the full measure of a worker's legal rights, particularly when the following conditions are applicable: 1) where there is clear proof that the waiver was wangled from an unsuspecting or gullible person, or (2) where the terms of settlement are unconscionable on their face.[41] To determine whether the Quitclaims signed by respondents are valid, one important factor that must be taken into account is the consideration accepted by respondents; the amount must constitute a reasonable settlement equivalent to the full measure of their legal rights.[42] In this case, the Quitclaims signed by the respondents do not appear to have been made for valuable consideration. Respondents, who are regular employees, are entitled to backwages and separation pay and, therefore, the Quitclaims which they signed cannot prevent them from seeking claims to which they are entitled.[43] | |||||
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2006-04-19 |
CHICO-NAZARIO, J. |
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| In conjunction with the above-mentioned policy of the law, it is well-encrypted in our jurisprudence that the employer has the burden of proving that the dismissal is for just cause, and failure to do so would necessarily mean that the dismissal was unjustified and, therefore, illegal. It is the employer who must prove its validity, and not the employee who must prove its invalidity. To allow an employer to dismiss an employee based on mere allegations and generalities would place the employee in a dangerous situation. He would be at the mercy of his employer and the right to security of tenure, which this Court is bound to protect, would be unduly emasculated.[19] | |||||