Gross Negligence Meaning.
Gross negligence has been defined as the want or absence of or failure to exercise slight care or diligence, or the entire absence of care. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.
Negligence must be Habitual.
In order to constitute a just cause for the employee’s dismissal, the neglect of duties must not only be gross but also habitual. Habitual neglect implies repeated failure to perform one’s duties for a period of time, depending upon the circumstances.
A single isolated acts of negligence do not constitute a just cause for the dismissal of the employee.
However, in a number of cases, the SC upheld the validity of dismissal on the ground of gross negligence even if the act complained of was not habitual. Thus, a bank employee was found grossly negligent when she delivered newly approved credit cards to a person she had not even seen before and she did not even ask for receipts, thereby enabling fictitious persons to use these cards, causing P740,000.00 loss to the bank. (See Citibank vs. Gatchalian, G.R. No. 111222, January 18, 1995.)
Habitual Absenteeism and Tardiness.
Habitual absenteeism and tardiness constitute gross and habitual neglect of duty. Repeated acts of absences without leave and frequent tardiness reflect indifferent attitude to and lack of motivation in his work. (Valiao vs. CA, G.R. No. 146621, July 30, 2004.)
Last Edited: Friday, August 19, 2011