Dear Atty. Angela,

Our family owns a fleet of taxis we operate within Metro Manila and we hire regular drivers to service them. One of our drivers has caused us so much headache as he figured in several costly vehicular accidents over the last 5 years where we found that he had been reckless in driving. Just recently, he hit a motorcycle, causing severe physical injuries to the driver and his passenger. We had to financially cover the medical expenses and payment of damages. With this, we have decided to dismiss this driver. Do we have legal grounds to do so?

Atom

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Dear Atom,

Yes, you have legal grounds to dismiss the said driver. As a driver of a public utility vehicle in whose hands the life and limb of his passengers and other motorists are at stake it is his responsibility to drive safely and observe extraordinary diligence.

Under Article 297(b) of the Labor Code, employers may terminate employees for gross and habitual neglect of duties, including carelessness and inefficiency in their tasks.

In the case of Lingganay v. DLTBCo., G.R. No. 254976 (2024), the Supreme Court affirmed the dismissal of a bus driver for gross and habitual neglect of duty after being involved in multiple road accidents. The Court found that Lingganay was habitually negligent in his duties as a passenger bus driver.

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. 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.

Based on the foregoing, such numerous infractions out of reckless driving are sufficient to hold the driver grossly and habitually negligent. His repeated negligence endangers the lives of his passengers and pedestrians, not to mention the exposure of the company to liabilities.

Hence, the totality of infractions or the number of violations he committed during his employment merits his dismissal.

Atty. Angela Antonio