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SAN MIGUEL CORPORATION v. NLRC

This case has been cited 1 times or more.

2013-06-26
BERSAMIN, J.
Accordingly, the CA did not commit any error in dismissing MJCI's petition for certiorari assailing the decision of the NLRC. It is worth repeating that in termination cases, the employer carries the burden of proving that its dismissal of the employee was legal.[45] The employer's failure discharged its burden will readily mean that the dismissal has not been justified, and was, therefore, illegal.[46] Accordingly, the failure of MJCI to establish the just cause for terminating Trajano fully warranted the NLRC's finding that Trajano's termination was illegal.