The essence of negligence lies in the fact that the employee failed to do what a reasonable person in his or her position would have done. Generally, negligence does not warrant dismissal for a first offence, but there are times when the employee is guilty of either gross negligence or, in a worst case, total dereliction of duty. In these cases dismissal may be justified.
“The test for negligence is whether a reasonable person in the position of the employee would have foreseen the harm resulting from the act or omission, and would have taken steps to guard against that harm. The basis for the employee’s culpability is not the act or omission itself, but rather the lack of care or diligence that accompanied the act or omission. To warrant dismissal, the negligence must be gross, that is, if the employee was persistently negligent or if the act or omission was particularly serious. Where the consequences of a single act or omission are particularly serious, or when an employee holds a position in which negligence on a single occasion may have disastrous consequences, dismissal may be justifiable on the first occasion.
For further information or any labour related matters, you can contact Bernard Reisner:
W.Tel no.: 021-423-3959