Dear PAO,
I previously complained with the Human Resource Division of our company where I am working regarding the non-payment of my benefits. After a week, I was required by the company to submit a written explanation regarding my alleged participation to sabotage the product of the factory. I never contested the said complaint. According to my boss, a customer complained about the dirty products of the factory and they have a gut feeling that I am the one responsible for it. Eventually, I was dismissed. May I know if there is a legal basis for me to file a complaint against my employer?
Lesly
Dear Lesly,
Basic is the rule that an administrative complaint against an employee should be proven by substantial evidence. Substantial evidence is defined as such amount of relevant evidence, which a reasonable mind might accept as adequate to justify a conclusion (Travelaire and Tours Corp. and Ojeda vs NLRC and Medelyn, GR 131523, Aug. 20, 1998, ponente: Associate Justice Flerida Ruth Romero). Further, Article 297 of Presidential Decree 442, otherwise known as the "Labor Code of the Philippines," as amended and renumbered, specifically enumerated the grounds for the termination of employment, which are as follows:
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