Whether for just or authorized cause – including DOLE’s other cause, the employer should note and comply with the substantial evidence rule required by Labor Law.
In dismissal, the burden of proof is on the employer. To discharge this responsibility, the employer has to present substantial evidence to prove that the dismissal was valid.
Substantial evidence is defined as follows:
“In termination cases, the burden of proof rests on the employer to show that the dismissal is for a valid cause. Failing in which, the law considers the matter a case of illegal dismissal. In this relation, the quantum of proof which the employer must discharge is substantial evidence which, as defined in case law, means that amount of relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if other minds, equally reasonable, might conceivably opine otherwise.” (Surigao Del Norte Electric Cooperative, Inc. v. Gonzaga, G.R. No. 187722, 10 June 2013)
The phrase “even if other minds, equally reasonable, might conceivably opine otherwise” is crucial. Consequently, there are two parts to the definition.
First, substantial evidence is “such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.” Meaning, the employer should be able to show and prove the basis for the just or authorized cause for employee termination. This often comes in the form of documentation – e.g. affidavits, incident reports, daily t...
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