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Truck Driver threatens to leave the truck and the keys
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?
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.
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.
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.
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.
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?
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.
"IF YOU WAIT FOR PERFECT CONDITION, YOU'LL NEVER GET ANYTHING DONE"
I will not condone the drivers attitude but it is quite possible that the thread was made in the heat of the moment, sometime we say things that should not been said. I suggest that you call the driver to explain his actions and issue him with a final warning for intimidation and insolence.
If not already in place, draft a proper disciplinary code and let the staff sign for a copy of the document.
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