PLAI

Labor Law

Just cause dismissal – gross negligence; procedural due process in termination practice question

Dino, a regular employee of FastGo Delivery, was assigned a company motorcycle to deliver packages. Company policy required locking the motorcycle's steering wheel when parked. One evening, Dino parked the motorcycle in front of the company office, switched off the engine, took the key, but did not lock the steering wheel, prioritizing the immediate safekeeping of a large sum of money he was delivering. He returned after three minutes to find the motorcycle stolen. FastGo called Dino to an investigation, specifying the loss of the motorcycle as the subject, and later served him a notice of termination. Dino claims his dismissal was illegal, arguing his act was not habitual and that he was not properly apprised of the grounds for dismissal. Should Dino's dismissal be upheld as valid? Explain.