MZR INDUSTRIES, et al vs.

Colambot
August 28, 2013 | Peralta, J.

Quick Facts
Respondent was an employee of petitioner whose work performance
started to deteriorate after 2 years in the company. Because of performance
issues, he was served a notice of suspension and was thereafter suspended.
Respondent however averred that he was terminated and thus filed a
complaint for illegal dismissal. Because respondent thought that he was
dismissed from work, he stopped going to work. Petitioner argues that the
failure to report to work constitutes abandonment of work.

Issue:
1.) W/N there was illegal dismissal. No
2.) W/N there was abandonment of work. No

Doctrine:
1.) While the rule is that in illegal dismissal cases, the employer bears the
burden of proving that the termination was for a valid or authorized
cause, there must be facts and evidence to establish a prima facie case
that the employee was dismissed from employment. Before the
employer must bear the burden of proving that the dismissal was
legal, the employee must first establish by substantial evidence the
fact of his dismissal from service.

2.) Mere absence or failure to report for work, even after notice to return,
is not tantamount to abandonment. The burden of proof to show that
there was unjustified refusal to go back to work rests on the
employer. Abandonment is a matter of intention and cannot lightly
be presumed from certain equivocal acts. To constitute abandonment,
there must be clear proof of deliberate and unjustified intent to sever
the employer-employee relationship. Clearly, the operative act is still
the employees ultimate act of putting an end to his employment.