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1 GROSS and HABITUAL NEGLIGENCE on Fri Oct 31, 2014 8:46 am


Arresto Menor
Need help on this scenario:

Company Driver started Feb 2014 as temporary employee, employment was continuous until he was given a Probationary Contract in Oct 2014.

On the 2nd week of Oct, the driver was on his way back to the office from his duty which started 1PM the previous day. He was travelling back to the corporate office at 1:30AM. While crossing an intersection on a green light, a motorcycle quickly passed in front of him coming from a red light. CCTV footage was unavailable so it cannot be proven who was beating the red light. However, the motorcycle driver does not have a valid driver's license (was holding a student license) and the tandem rider was a minor (17 yrs old). Since driver was still on duty, company had to initially pay for damages to the driver and tandem rider. This is the first time that this accident happened to this employee.

Could this be considered GROSS and HABITUAL NEGLECT of DUTY and be used as a ground of termination?

Can the company hold the employee fully liable for all the expenses incurred by the company that resulted from this accident?

Thank you for your help Smile

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2 Re: GROSS and HABITUAL NEGLIGENCE on Fri Oct 31, 2014 11:09 am


Reclusion Perpetua
Gross and Habitual neglect? Offhand I say NO. Can't be habitual if it's only once.

Liability of employee? Probably. But in vehicular accidents, most of the time the 'fault' is on the one who does not have the license.

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