Home - Can we dismiss a driver who has lost his licence?
December 17, 2019 on chapter Dismissal

One of our drivers was driving a company vehicle when he incurred driving infringements that have resulted in him losing his licence for 3 months. Can we dismiss him?

Assuming this employee would have access to unfair dismissal laws if dismissed, you would need show that you had a valid reason for dismissal and gave him a reasonable opportunity to respond to that matter before proceeding with dismissal. The reason for dismissal might be that he can no longer can fulfil a key requirement of the job. An alternative basis might be that he has committed misconduct in incurring the offences using a company vehicle and at work. We are unable to give conclusive advice about this matter, but it would appear the first reason would be easier to justify. It is important however that you give him a proper opportunity to respond to the reason before you proceed to dismiss. You will need to comply with any contractual requirements for dismissal, including in respect of notice.


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