The above-combined offences committed by the employee constitute gross misconduct.

Unauthorised use of the employer’s vehicle for private purposes constitutes a serious breach, in terms of the employer’s disciplinary procedure and code.

Furthermore, if an employee drives the employer’s vehicle in excess of the South African national maximum speed limit, it shall constitute gross negligence and/or gross carelessness and/or gross recklessness.

Finally, if the employee drives the employer’s vehicle outside curfew hours, it could expose the employer and/or the employee to the possibility of being charged with a criminal offence. By committing this offence after the lockdown regulated curfew hours, it could result in the employer being at risk of suffering reputational damage.

The above offences warrant summary dismissal, subsequent to a disciplinary hearing having being held against the employee.

CONTACT CAPE LABOUR.

For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

For more information or to Contact Cape Labour. You can find all of our relevant details here.

W.Tel no.: 021-423-3959
Cell: 
082-433-8714
Fax: 
021-4232105
E-mail: 
bernard@capelabour.co.za
Website: 
www.capelabour.co.za