Well ady1, this looks like a fine pickle, hypothetically speaking of course.
I see two distinctly separate issues here.
- Conduct
- Capability
Conduct.
Whether the boss like this bit or not, the status of the instructions must first be clear to the driver.
Was the driver given some kind of instructions, such as a run-sheet, and if so, what is its status?
Is the boss’ instruction to be counted as a clear instruction that the jobs are to be done in a specific order? OR…
Does the boss’ instruction simply amount to a list of tasks for that day, with the order in which they’re done being unimportant?
From the info given, it’s not necessarily clear that items “A” and “B” both had to be completed before item “C” is achievable.
If the instruction amounts to a strict instruction from boss to employee for the job to be done in a particular order, the next question is: Can the boss demonstrate that the driver was made aware of the status of the instruction?
The status of the instructions given to the driver is important in this case, because the boss can’t do anything about our hypothetical driver pleasing himself as to the order in which he’ll do the work, if all the other drivers do the same.
If the instructions for the day’s work are to be followed without exception and the other drivers also do so, and the hypothetical driver is fully aware of that, then our hypothetical driver can expect some sort of disciplinary action for misconduct. What the boss then does about this must (by law) fall into a band of reasonable responses, but there is the possibility of anything from a bollocking to instant dismissal.
I’d say that we’d need to know the status of the instructions before this part is a slam-dunk in either direction.
Capability.
Given the undisputed nature and extent of the damage and consequent cost caused to somebody, the person responsible is very probably on a sticky wicket under this heading alone. The reason for this is that it is incumbent on a driver to avoid hitting stationary objects regardless of the direction of approach. Before anybody starts hopping about, just remember that the driver had the option to stop the vehicle BEFORE any damage was caused, but decided against it. That decision by the driver can be seen as a deliberate act, which implies a lack of care and maybe a lack of capability.
It seems fair to say that the driver’s capability as a driver might need further consideration.
The outcome of this part is also at the boss’ discretion, but the band of reasonable responses rule applies here too. Anything from a bollocking, to some form of retraining or even a dismissal would seem reasonable to me. Given the nature and extent of the damage (ie it’s at the high end,) the response can reasonably also be at the high end.
Isn’t it a good job that this is only hypothetical, because if the boss proceeded to dismiss for misconduct and lack of capability, then one of those could probably be made to stick.