is-terminating-a-driver-with-cause-in-ontario-possible

[vickyp]

#79523

Wanting to know if the company can terminate a driver with cause on the items listed below in Ontario. Driver employed since April 2016. Below are incidents involving a company driver over the last 1.5 years Backed into a pickup truck at one of our sites causing $10,000 worth of damage. Backed into a mechanic’s truck at head office yard causing $4,600 worth of damage. In June he got a ticket for disobeying legal sign, which he never reported, and we just found out about it recently – 2 CVOR points Rear ended a vehicle on Highway 7 causing major damage to the back of the vehicle (company has pictures). He was charged with careless driving. About a month ago the truck hit overhead powerlines (we are still investigating this one). He got pulled over a few weeks ago and he did not have a valid DZ driver\\\\\\\’s license, he was downgraded to a G and charged, more CVOR points on this. Please let us know what we can do to protect the company and people on the road as this driver seems to be dangerous on the road. Thank you. Mirella

[vickyp]

#79524

It absolutely reads like you have cause for termination.

However, with that said, it is vitally important that you have followed a progressive discipline process and documented your conversations with each of these instances. In addition, your hesitancy to any swift action, be it a suspension, discipline, etc, (if you haven’t done these actions) could be viewed by courts as acceptance of the behavior.

Ultimately, these actions are not only putting your business at financial liability, but worse, could make you criminally liable if this driver were to cause an accident that resulted in an injury or fatality.

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