Habitual Negligence

Goodmorning!

I'd like to inquire my case:

I am currently in a due process that falls under "Gross and habitual neglect by the employee of his duties" this is because i failed a training for an additional task at work. I tried to get a passing score but still failed after 3 retakes. I am a regular employee but confused on how I could possibly be neglectful and may in turn lead to their dismissal of my employment with this case. Can anyone help me?

A failing score or failure in the training period does not constitute Gross and Habitual neglect of duties. The person who served you this memo erred in the application of the matter.

Gross negligence has been defined as the want or absence of or failure to exercise slight care or diligence, or the entire absence of care. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.

In order to constitute a just cause for the employee’s dismissal, the neglect of duties must not only be gross but also habitual. Habitual neglect implies repeated failure to perform one’s duties for a period of time, depending upon the circumstances.

I have a scheduled hearing next week, that is, to present my explanation. If in case they decided to dismiss me, what are the possible case i can file that qualifies against their decision?

Illegal dismissal