Complainant was ruled to be a non-project employee because while the respondent was engaged in construction projects, it did not provide any evidence like employment contracts that the complainant was hired for specific projects. As the last project was claimed to have ended on December 30, 2003 but the respondent did not comply with reporting requirements, it could not rely on the claim. Therefore, the complainant was a regular employee that could only be terminated for just cause, and the respondent failed to prove just cause for termination.
Complainant was ruled to be a non-project employee because while the respondent was engaged in construction projects, it did not provide any evidence like employment contracts that the complainant was hired for specific projects. As the last project was claimed to have ended on December 30, 2003 but the respondent did not comply with reporting requirements, it could not rely on the claim. Therefore, the complainant was a regular employee that could only be terminated for just cause, and the respondent failed to prove just cause for termination.
Complainant was ruled to be a non-project employee because while the respondent was engaged in construction projects, it did not provide any evidence like employment contracts that the complainant was hired for specific projects. As the last project was claimed to have ended on December 30, 2003 but the respondent did not comply with reporting requirements, it could not rely on the claim. Therefore, the complainant was a regular employee that could only be terminated for just cause, and the respondent failed to prove just cause for termination.
On the first issue, we rule that complainant is a non-
project employee. While it may be conceded that
respondent is engaged in construction projects, it failed to present any evidence (in particular, the employment contracts) that complainant was indeed hired only for the duration of specific projects. Hence, we cannot just rely on the self-serving allegation that respondent’s last project was completed on 30 December 2003. For if it is true, respondent should have complied with the reportorial requirement upon completion of the project. That being the case, we are constrained to rule that complainant is not project hired. But (sic) a regular employee whose services can only be terminated for just cause. In termination cases, the burden of proof rests upon the employer to prove that the dismissal is for just cause, otherwise, the employee’s discharge is illegal. In the present case, the respondent 57 failed to discharge said burden.” (emphasis supplied)