Gross and Habitual Neglect of DutyGross Negligence Meaning.

Gross negligence is a just cause for termination of employment by employer under Article 282 of theLabor Code of the Philippines.

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 anyeffort 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 begross but also habitual. Habitual neglect implies repeated failure to perform one’s duties for a period oftime, 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 negligenceeven if the act complained of was not habitual. Thus, a bank employee was found grossly negligent whenshe delivered newly approved credit cards to a person she had not even seen before and she did not evenask for receipts, thereby enabling fictitious persons to use these cards, causing P740,000.00 loss to thebank. (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 ofabsences without leave and frequent tardiness reflect indifferent attitude to and lack of motivation in hiswork. (Valiao vs. CA, G.R. No. 146621, July 30, 2004.)

Last Edited: Friday, August 19, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules andregulations may have rendered the whole or part of this article inaccurate or obsolete.