Reckless Imprudence Committed by Drivers of Company Vehicle as Ground for Discipline
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Reckless imprudence is a form of negligence. It connotes lack of foresight or lack of skill.
For instance, a company driver who operates the vehicle and gets involved in a collision with another vehicle. This may result in death of the other driver and/or damage to the other vehicle.
In such case, can the company hold the driver of its vehicle liable? More specifically, can the company terminate such employee?
This case contemplates several scenarios which the employer should carefully consider in imposing the appropriate disciplinary action. Thus, a single act may constitute:
- Death of the other driver
- Injury to the other driver
- Damage to the other vehicle
- Damage to the company vehicle
- Both death or injury and damage to property
- The company driver committed traffic rules violation or any violation of the law at the time of the accident
If the employee of the company committed violation of a law at the time of the accident, he is presumed at fault. For example, he is under the influence of liquor which is a violation of Anti-Drunk and Drugged Driving Act of 2013 or R.A. 10586 or was using his mobile phone, or violated the traffic rules, he did not
have his driver’s license, etc.
In these cases, the employee is obviously grossly negligent of his duty. In driving the vehicle he was supposed to follow the law. This is the minimum standard. Being so, he can be dismissed for gross neglect of duty if the accident results in death of the other driver or even his own passenger.
It may also be ground for dismissal if the damage to the vehicle is substantial. As to what constitutes substantial will depend on the cost of damage and the difficulty of repair. Also, the consequential damage such as non-use of the damaged vehicle.
Injuries to other driver which are serious in nature, such as those requiring recuperation of at least 30 days, may also be ground for dismissal. However, minor injuries may only warrant suspension.
In this case, the employer should carefully weigh the situation. The first thing to look for is the nature of violation of the law. The penalty to be imposed is such that no further lives would be exposed to peril or no 
similar property damage be caused.
The employer may also place the employee involved on preventive suspension while the investigation is on-going.
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