Verbal dismissal. about its evidence and some other adjacent problems

Comment on Ruling 7080/2009 of the High Court of Justice of Cataluña, of 6 October

Abstract

The case is about the sensitive problem of the evidence in a formal dismissal. The Court argues that the onus probandi falls on the worker, who, in the absence of witnesses, must react immediately and try to find indirect proof. If there is no proof, and although the defendant has failure to appear and has given no confession, the judge, between verbal dismissal or resignation, does not estimate the dismissal. The question therefore is what particular cause of extinction has acted in this case.