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on January 23, 1991, petitioners filed a complaint for, among others, unfair labor practice, illegal locko
ut and/or illegal dismissal.
Furthermore, the SC stressed that the burden of proving the existence of just cause for dismissing an
employee, such as abandonment, rests on the employer. According to the SC, Empire Foods failed to
discharge this burden as basis for dismissing the employees. Also, the SC considered that, in
terminating the employees for abandonment of work, Empire failed to serve to the employees a
written notice of termination (as required by the Two-Notice rule and Section2, Rule XIV, Book V of the
Omnibus Rules), violating the employees right to security of tenure and the constitutional right to due
process.