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

Authors

  • Juan José Fernández Domínguez Catedrático de Derecho del Trabajo y de la Seguridad Social. Universidad de León (España)

DOI:

https://doi.org/10.51302/rtss.2010.5311

Keywords:

verbal dismissal, evidence, expiration, resignation, reasons of dismissal

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.

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Published

2010-04-07

How to Cite

Fernández Domínguez, J. J. (2010). 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. Revista De Trabajo Y Seguridad Social. CEF, (325), 97–106. https://doi.org/10.51302/rtss.2010.5311