FACTS: Petitioner was an accountant/bookkeeper of the Mabini Medical Clinic. The NCR company and discovered upon petitioner disclosure that there were violations of the labor standards law. Later a memo was issued charging petitioner with chronic absenteeism, habitual tardiness, wasting time, getting money without a receipt, and disobedience and was asked to explain why she should not be terminated so she submitted her response. She was dismissed on the same day so she filed a complaint for illegal dismissal. The LA ruled that there was illegal dismissal. The NLRC set it saying that petitioner admitted that charges.
ISSUE: W/N there was illegal dismissal
HELD: The SC ruled in favor of petitioner. For a valid dismissal not only must there be just cause supported by clear and convincing evidence,. There must also be an opportunity ;to be heard. The employer ;has the burden to prove that the dismissal was just or authorized cause. Failure to discharge this burden ;means that the dismissal ;is unjustified. Here ;the evidence submitted was merely unsigned handwritten records and printouts. This is insufficient ;to justify a dismissal. The provision for flexibility in administrative procedure does not justify decisions without basis in evidence having rational probative value. Here both the handwritten listing and computer print outs being unsigned, so the authenticity is suspect and devoid of any rational probative value. Nor was there due process. There is no showing that there was warning of the absences and tardiness. The 2 day period given to answer the allegations is an unreasonably short period of time. The clinic can’t have given ample opportunity to answer the charges filed. There are serious doubts as to the factual basis of the charges against petitioner. There doubts shall be resolved in her favor in line with the policy rule list that if doubts exist between the evidence presented by the employer and the employee, the scales of justice must be titled in favor of the latter.
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