Question 5 of 32
Labor Law
Just cause for dismissal – gross negligence practice question
SkyJet Corp. employed Roberto as a ground equipment and tug operator, responsible for towing aircraft at Clark International Airport. One afternoon, while towing a Boeing 777 from the company’s technical center to a designated bay, the aircraft collided with a bridge, damaging its left wing and engine. Roberto was dismissed for gross negligence after an internal investigation found that he relied solely on the signal of one crew member, even though company procedures required positive visual contact with all guidemen, especially the wing tipguide, and for the operator to stop if vision was obstructed. Roberto claims he could not see the wing tipguide and thus relied on another crew member who continued signaling. He filed a complaint for illegal dismissal. Should Roberto's dismissal be upheld? Explain.