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Thread: If your Driver's license is suspended do you still pay him?

  1. #1
    Diamond Member Justloadit's Avatar
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    If your Driver's license is suspended do you still pay him?

    This is a question that came up very recently. With the points system on the horizon, what do we do under the following circumstances.

    You employ a person specifically as your company driver. Over a period of time he accumulates a number of traffic offenses, and his license gets suspended for three months according to the Points system.

    He can no longer legally drive until his license is re-instated.

    So, is he still employed by you and does he get paid even though he can not perform his duty due to not having a valid license for the period that the license has been suspended?
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar and LED lighting solutions - www.microsolve.co.za

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    Platinum Member sterne.law@gmail.com's Avatar
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    You can retrench him for operational requirements.
    Or, if you wanted, fill his position temporarily. No work no pay is always the maxim
    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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    Site Caretaker Dave A's Avatar
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    So to be clear, Anthony - you could suspend the driver for three months without pay without running foul of the LRA?

    I know that's exactly what they do in the USA, if they don't fire the driver outright (you can't believe how seriously professional drivers take road regulations over there because of this). But here in SA? I thought the company might be forced to try to redeploy him in another job or something like that?
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    The correct terminology would be that you are suspending the contract rather than the employee. A good comparision would be ill health, lets say TB and employee needs 2 months for medication. Illness is no fault, losing your licence has fault.
    The employee cannot perform in terms of the contract becuase he has no licence, hence the company can rightfully terminate the contract. Becuase the contract is one of labour there is due process, hence the operational requirement route. The "suspension" of the contract is a case of the employer going the extra mile to assist the employee and preserve their job. The onus is not on the employer to preserve the job, unlike a ill health where the employer must attempt to accomodate the ill employee.
    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.

  5. Thank given for this post:

    Dave A (12-Mar-11), roryf (17-Mar-11)

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    Bronze Member Fanie's Avatar
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    Over a period of time he accumulates a number of traffic offenses, and his license gets suspended
    Sounds like a risk to have this person as a driver !
    Regards
    Fanie

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    Diamond Member Justloadit's Avatar
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    Quote Originally Posted by Fanie View Post
    Sounds like a risk to have this person as a driver !
    It may seem so, I am a careful driver, but still get caught on some speed cameras which have been strategically placed to collect money for the metro police. Especially in your neck of the woods, where the speed changes from 120 to 100 in the most inconspicuous places, and what do you know, there is a camera at the bridge to make sure they catch you doing 120 because you missed the speed limit sign.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar and LED lighting solutions - www.microsolve.co.za

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    Bronze Member Fanie's Avatar
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    They claim the 'highway' is something like 100mm too narrow that is why the speed limit is 100 and not 120. (I wonder by who's judgement... oh guess)

    Camera's is one of our major incomes, how much they budget to make even gets published in the newspaper.

    The traffic cops's job is not to be in the service of the public to assist etc, it is to make money for the bancrupt council.

    They shouldn't be called traffic cops - they should be renamed to something else.
    Regards
    Fanie

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    Diamond Member AndyD's Avatar
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    Quote Originally Posted by Fanie View Post
    They shouldn't be called traffic cops - they should be renamed to something else.
    They already have been by many people
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