Friday, August 23, 2013

Effects of an employee's action on his employer, with reference to the Genting bus accident

What is the worst thing an employee could do to affect an employer's image or burden?

It depends a lot on his job responsibilities.

For example, a company's legal officer might be negligent in his work and cause his employer to lose its rights to claim over loans disbursed; A company's accountant might cause his employer to overstate its profits or understate its losses, thus causing it to pay too much tax; There are too many examples to quote of different vocations or professions and their worst effects on their employers. But most of them boil down to losses in terms of money only, not lives.

However, the recent worst road accident in Genting Highlands shows how a bus driver's action could badly affect the image of a responsible employer because it caused the death of 37 passengers. Only those in the bus transport industry or those who have had dealings with the company are able to vouch for his excellent past record.

Initial reports  varied as usual, because some were based on rumours, some on assumptions, and some could even be malicious.

There were reports of the bus driver speeding; overtaking; quarrel with a taxi driver using hand gestures; that the bus was  overloaded: meant for 44/49 passengers, tickets sold for 44, but carried 53; and even that the bus had been blacklisted. Another report mentioned the bus was allowed to carry up to 62 (including some standing passengers)!

Later, the chairman of SPAD made a public statement over national television channels that the bus company had a clean record before and none of their buses were blacklisted before.
http://www.cbt.com.my/2013/08/22/genting-bus-crash-rtd-refutes-blacklist-claim/

But the damage to the reputation and integrity of the bus operators was done, and probably further aggravated by unsubstantiated malicious remarks, whether intentional or just being careless.

The vicarious liability of an employer as a result of his employee would have a portion normally covered by insurance as legal requirement, but it is the unsubstantiable part which is most difficult for the employer. Despite all the best controls as part of company policy, a fatal mistake by his bus driver could cause death to his many passengers. Is it fair to blame the boss just because of fatalities when this could be beyond his control? I can imagine it could even be worse had it been an air crash. The boss cannot escape all kinds of accusations, blame and so on, by relatives and friends of the victims, as well as the general public. He is certainly in an unenviable position as a result of this major accident which was beyond his control.

Related newspaper reports:
http://www.thestar.com.my/News/Nation/2013/08/21/Bus-accident-Genting-Highlands-ravine.aspx

http://www.nst.com.my/latest/font-color-red-genting-bus-tragedy-update-font-uncontrolled-anger-may-be-cause-of-crash-1.342068

http://www.themalaymailonline.com/malaysia/article/bus-was-on-jpj-blacklist-before-genting-crash

Update:

Genting Highlands Transport Sdn Bhd is a subsidiary of Syarikat Central Pahang Omnibus Bhd  (68%), represented by directors Ashfar Ali and Yee Kee. The other major shareholder is Noah Foundation (31%). Two other directors of GHTSB are Lee Hoi Chong (1 share) and Chen Mei Kuan (100 shares); and together with 7 other individuals and a company, hold the remaining 1%.

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1 comment:

  1. Anonymous9:40 am

    The hidden hand of Adam Smith.

    ReplyDelete