COMPANY POLICY WRITE IT DOWN!
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Jonathan Lawton (above), a transport and employment lawyer at Wake. Dyne & Lawton, says you need to assess the severity of the problem and stick to a rigid course of action.
"The situation is possibly easier from a legal standpoint than an operational one, since operators often have the problem of finding a replacement driver should some misuse of company property lead to dismissal." Lawton says.
"First, you must decide if any misuse comes under actual miscon. duct or gross misconduct. The former can be dealt with by a written warningand would cover use of the company telephone or e-mail while the sale or use of the company's fuel. in a truck for instance, is simple theft and dismissal would be a proper course of action.
"Written warnings must be clear as to the misconduct which has occurred and state clearly the company's position, and that a further abuse of company property will lead to a higher level of disciplinary action.
"However, more than this, a court would wish to see that the stated disciplinary action is used. If an operator were in court for overloading vehicles. just saying that drivers are told not to overload would not be sufficient. The documentary proof of disciplinary action would need to be shown, and it's the same here.
"The company must have very definite guidelines stating its position with regard to personal use of its property and the action it would take in the event of such misconduct. The private use of a van without full authority of the company could also bring an insurance issue as the driver may not be insured if not on company business or with permission. Having a proper system in place and informing all employees in writing of the company's position is the key."