This case has been cited 3 times or more.
|
2013-06-19 |
BRION, J. |
||||
| Article 282 of the Labor Code provides that one of the just causes for terminating an employment is the employee's gross and habitual neglect of his duties. This cause includes gross inefficiency, negligence and carelessness.[47] "Gross negligence connotes 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. Fraud and willful neglect of duties imply bad faith of the employee in failing to perform his job, to the detriment of the employer and the latter's business. Habitual neglect, on the other hand, implies repeated failure to perform one's duties for a period of time, depending upon the circumstances."[48] | |||||
|
2013-02-13 |
PERALTA, J. |
||||
| Gross negligence connotes want or absence of or failure to exercise slight care or diligence, or the entire absence of care.[18] It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.[19] On the other hand, the basic premise for dismissal on the ground of loss of confidence is that the employees concerned hold a position of trust and confidence.[20] It is the breach of this trust that results in the employer's loss of confidence in the employee.[21] | |||||