Position Paper-Complainant OJT Exam
Position Paper-Complainant OJT Exam
MR. E
Complainant,
ABC CORPORATION,
MR. A-President, and MR.
C- HR Head
Respondents.
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PREFATORY STATEMENT
THE CASE
ISSUE:
I.
WHETHER OR NOT COMPLAINANT WAS ILLEGALLY
DISMISSED
II.
WHETHER OR NOT RESPONDENTS WERE, JOINTLY
AND SOLIDARILY, LIABLE FOR ALL THE MONEY CLAIMS
HEREIN CLAIMED INCLUDING MORAL AND EXEMPLARY
DAMAGES, ATTORNEY'S FEES, LITIGATION AND THE LIKE
EXPENSES AND COST OF THE SUIT.
DISCUSSION/ ARGUMENTS
COMPLAINANT WAS ILLEGALLY
DISMISSED
A simple reading of the complaint of this case will readily reveal that
respondents violated certain labor standard laws.
It is settled that once the employee has set out with particularity in
his complaint, position paper, affidavits and other documents the labor
standard benefits he is entitled to, and which he alleged that the employer
failed to pay him, it becomes the employer's burden to prove that it has paid
these money claims. One who pleads payment has the burden of proving it,
and even where the employees must allege nonpayment, the general rule is
that the burden rests on the defendant to prove payment, rather than on the
plaintiff to prove nonpayment.
The reason for the rule is that the pertinent personnel files, payrolls,
records, remittances and other similar documents — which will show that
overtime, differentials, service incentive leave and other claims of workers
have been paid — are not in the possession of the worker but in the custody
and absolute control of the employer.
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"(6) The right against deprivation of property without due
process of law."
OTHER RELIEFS deemed just and equitable under the premises are
likewise prayed for.
Quezon City for the City of San Fernando, Pampanga, 2nd September
2020.