Employees GAHNOD: Gross And Habitual Neglect Of Duty 


While the state and the government protect labor and defends victims of illegal dismissals, the Supreme Court has a balanced view, saying that protection to labor should not mean injustice to management. Of course, the High Tribunal keeps on reminding employers and their HR managers to make sure that before any employee is dismissed, there must always be evidence of the presence of two requirements; the substantive due process, which pertains to just causes or authorized causes concerning acts or omissions that make him unworthy to continue as an employee, and second which is procedural due process, pertaining to notice and opportunity to be heard. 

At the beginning of an employer-employee relationship, management defines the work that the employee has to do, and the results that he must deliver, his volumes and his deadlines, as well as the procedures to be followed, the protocols to strictly adhere to. The problem with some employers is that they fail to do this: putting the exact objectives in writing, the standards of productivity and quality of output, the timetables and the processes to be followed. When employers fail to convey their exact expectations, it will be very difficult for the employees to comply with unclear goals, imprecise measures, and indefinite deadlines. 

Assuming that management has clearly and specifically put all the positions descriptions in writing, the KRAs, or Key Results Areas, and  KPI or Key Performance Indicators, and these are translated into specific goals and objectives, with the precise quantum of results to be achieved and the deadlines that must be adhered to, then make the employees understand and sign these documents, then management is protected whenever the employees fail and falter when measured, based on clearly-defined objectives and standards of productivity and quality. 

Employment is a daily struggle to achieve results, to create or add values, to bring in customers, to manufacture and sell goods and thus bring in revenues for the company. People in the organizations are expected to push the company to more profits, and to help management grow the business and win more customers, increase market shares and become the preferred manufacturer or distributor of preferred products and services. Employees should be helping and not restraining the business and other goals of the company. 

And so, laziness, ineptitude, recklessness, gross and habitual neglect of duty has no place in the organization. While employers are expected to pay competitive wages, give all benefits and care for the employees’ health, safety, security, and welfare, then employees should do their work in the best way they can and they should. Business companies are not charitable organizations. They need to compete, survive and win. People should be value-adding human capital and not burdens to the management.

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Kiro Espinosa

Kiro Espinosa

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