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Thread: Truck Driver threatens to leave the truck and the keys

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    Truck Driver threatens to leave the truck and the keys

    I have a driver that threatens to leave the truck and the keys in the midle of nowhere just because he had an argument with a controller over the phone.
    I feel that this person is a high risk and the trust is broken.

    Are there grounds for the company to release him of his duties?

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    Diamond Member tec0's Avatar
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    As he’s intention is to cost the company money his threats cannot be taken lightly. I recommend a disciplinary action be taken here. In the hearing one can establish his motives and then when the company finds him to be a high risk. The company will have no choice but to give him his final notice and end his employment. Needless you will need a lawyer regardless as dismissal can turn into a nightmare.

    I do suspect that you will run into some trouble if the driver goes to the CCMA, that said if you followed procedure you can argue that the employee can no longer be trusted. Again you will need good sound legal advice as there can be many pitfalls so again please consult a lawyer before taking any action.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Can you suggest any laywer that has dealt with similar cases (labour & CCMA in case it gets there)?

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    Site Caretaker Dave A's Avatar
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    Much can be said in the heat of the moment, and not actually done.

    Did the driver actually abandon the truck?

    Look, it's certainly worth a formal investigation, and quite possibly a disciplinary hearing.
    But I'm a long way from convinced there's a case for immediate dismissal as yet.

    Do an investigation first...
    The trouble with opportunity is it normally comes dressed up as work.

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    I fully agree with Dave, at this stage the driver is not really guilty of a dismissible offense but I would immediately get a policy in place and start monitoring the movement of the vehicle. There are devices available to inform if if he abandons the vehicle.

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    Platinum Member sterne.law@gmail.com's Avatar
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    If the truck was abandoned then gross negligence, gross insubordination would be the appropriate charges.
    If not abandoned then a hearing and a charge of gross insolence, threatening or intimidating behavior. I would not instantly be inclined for dismissal, although such a threat, if carried through would have desire consequences and a truck is not cheap. It also transpires to blackmail.
    I think the deciding factor would be mitigating factors. If his service is not too long I might lean towards a dismissal.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    This driver obviously doesn't have respect for you or his controller, as far as I'm concerned nobody needs employees such ad your driver. I'm sure you can find reasons and give him written warnings until he's fired, so everything will be done by the book and you have clean slate in front of ccma.

    One of my clients owns stuffing solutions company that specializes in truck drivers, if you like I will give you his details so that you can find out if something like that would be of benefit to you?
    ---There is no traffic at the extra mile---

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Nickolai Naydenov View Post
    ...stuffing solutions company that specializes in truck drivers


    I know it's a typo, but the picture that came to mind...

    Ouch - ribs hurting
    The trouble with opportunity is it normally comes dressed up as work.

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    Lol... I know exactly what you saying hahahahaha.... Listen we can start a stuffing company bwahahaha...
    ---There is no traffic at the extra mile---

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    I do nt think that it has come to that. Yes you have to invite him to hear from his own point of view...something must have made him say such. go back from the records in his file if he has such similar cases.

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