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Terminated For Gross Negligence
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<blockquote data-quote="Retired 2016" data-source="post: 306142" data-attributes="member: 4579"><p>When I was a union steward I had a similar case. The terms gross neglect and neglect are both legal terms. The standard is so high for gross neglect that it is seldom met. My lawyer friend explained gross neglect this way, if your boss told you a door was broken and to fix it and you did not and someone walks through the door and dies that would not be gross neglect. If your boss after the death instructs you again to fix the door and you do not fix it and someone dies again, then that could be gross neglect, but as my lawyer friend says we would have arguing points. </p><p></p><p>Notice article 17 of the master says for an accident to meet a firing standard it has to have gross neglect <strong>And </strong>something else, like 4400 in damage. The word and indicates that both factors must be present. Without gross neglect no one can be fired for a serious accident. I asked the union big boys to argue the above point and they refused. Their comment is we determine gross neglect and not the law or a legal definition.</p></blockquote><p></p>
[QUOTE="Retired 2016, post: 306142, member: 4579"] When I was a union steward I had a similar case. The terms gross neglect and neglect are both legal terms. The standard is so high for gross neglect that it is seldom met. My lawyer friend explained gross neglect this way, if your boss told you a door was broken and to fix it and you did not and someone walks through the door and dies that would not be gross neglect. If your boss after the death instructs you again to fix the door and you do not fix it and someone dies again, then that could be gross neglect, but as my lawyer friend says we would have arguing points. Notice article 17 of the master says for an accident to meet a firing standard it has to have gross neglect [B]And [/B]something else, like 4400 in damage. The word and indicates that both factors must be present. Without gross neglect no one can be fired for a serious accident. I asked the union big boys to argue the above point and they refused. Their comment is we determine gross neglect and not the law or a legal definition. [/QUOTE]
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Terminated For Gross Negligence
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