Onus of legality of employee's dismissal

The onus of proving that an employee was not dismissed or, if dismissed, his dismissal was not illegal, fully rests on the employer, and the failure to discharge the onus would mean that the dismissal was not justified and was illegal. The burden of proving the allegations rests ufon the party alleging and the proof must be clear, positive, and convincing. (Tatel v. JLFP Investigation and Security Agency, Inc., G.R. No. 206942, December 9, 2015)

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