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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have 2 issues with staff: 1 staff member returned to yard

Customer Question

I have 2 issues with staff:
1 staff member returned to yard after hours (7pm)and took a company vehicle away overnight without any prior consent 7 without our knowledge. Is this gross misconduct? If so can he be terminated despite the fact he went on ACC from that week due to being involved in an altercation outside of work hours?
2 Another staff member asked to use a vehicle to get to and from work for a week. this was not granted but staff member took vehicle anyway. Is this simply misconduct and subject to a written warning or is it also gross misconduct?similar offences but I'm not comfortable they result in the same action. With Staff member 1 do we wait until he returns from ACC (which due to his injury could be several weeks - months) or can we terminate now as the injury has no bearing on the misconduct?Thanks Trudy
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  DrOlivia-JD-MD replied 10 months ago.

Trudy, is your question for the United States or New Zealand?

Customer: replied 10 months ago.
It is for New Zealand regards Trudy
Expert:  KJLLAW replied 10 months ago.
Customer: replied 10 months ago.
I prefer a written response please
Expert:  Chris The Lawyer replied 10 months ago.
Hi I am reading now and will reply in more detail
Expert:  Chris The Lawyer replied 10 months ago.
I have a preliminary question. Do you have a staff policy about use of company vehicles and is this in writing? Is this something staff are given and if so, were these staff made aware of the policy?
Customer: replied 10 months ago.
we have a written motor vehicle policy & it states vehicles are to be returned to the yard each day. It also states no personal use of vehicles without prior consent. In the 1st instance the staff member returned well after end of day (7pm at night) took one of the vehicles, used it through the night & returned it early in the morning - to me that is basically theft! In the 2nd instance the staff ,member had asked permission which was not immediately granted but took the vehicle home anyway - again not just home but drove it around during the evening. All staff are aware of our motor vehicle policy. Thanks Trudy
Expert:  Chris The Lawyer replied 10 months ago.
The breaches of the policy are from your description, serious matters. Your next step must be to
Invite each of them to a meeting to discuss this. You should give them a letter or email which sets out what happened, and tell them in the letter/email that this is a serious breach of policy and you want to meet urgently to discuss this. You should also say that this is so serious their jobs are at risk and that they can bring a support person. At the meeting you can then listen to the explanation but if you are unhappy you can say so and tell them they are to be disciplined with a final warning or if you want, you could dismiss them
Customer: replied 10 months ago.
Thank you Chris
Expert:  Chris The Lawyer replied 10 months ago.
Please let me know if I can help further

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