This case has been cited 1 times or more.
|
2014-09-24 |
REYES, J. |
||||
| The burden of proving that the termination of services is for a valid or authorized cause rests upon the employer. In termination by retrenchment, not every loss incurred or expected to be incurred by an employer can justify retrenchment.[28] The employer must prove, among others, that the losses are substantial and that the retrenchment is reasonably necessary to avert such losses.[29] In this case, while the respondent may have presented its Financial Statements, the respondent, nevertheless, failed to establish with reasonable certainty that the proportion of its revenues are largely expended for its elementary and high school personnel salaries, wages and other benefits. Its Financial Statements[30] showed the following figures, among others: Financial Statement 1997 1998 1999 Gross Revenues 10,529,810.39 12,603,283.12 12,438,060.00 Personnel Expenses 6,273,646.00 7,199,859.58 6,688,710.32 Net Surplus 405,091.76 769,460.93 130,681.44 | |||||