Subject to Clause Clause 3.9 (9) of Division A of this Agreement, in the event of damage to a vehicle, no employer shall deduct any excess amount incorporated in an insurance policy or damages from any employee who is required or permitted to drive a motor vehicle, nor shall any employer be permitted to deduct damages from any employee in the absence of insurance cover:
Provided that such excess amounts or damages may be deductible if a formal disciplinary hearing was conducted and the employee was found guilty of—
| (a) | having driven the vehicle under the influence of alcohol or drugs; and/or |
| (b) | negligent driving; and/or |
| (c) | reckless driving; and/or |
| (d) | wilful damage to the vehicle; and/or |
| (e) | having driven the vehicle without the permission of the employer. |
| (2) | Damage and/or loss of property or assets: |
Subject to Clause 3.9 (9) of Division A of this Agreement, in the event of damage and/or loss to company property or assets (excluding motor vehicles), or the property of the customer, no employer shall deduct any excess amount incorporated in any insurance policy or damages from any employee, nor shall any employer be permitted to deduct damages from any employee in the absence of Insurance cover; Provided that such excess amounts or damages may be deductible if a formal disciplinary hearing was conducted and the employee was found guilty of wilful damage and/or gross negligence to company property or assets, or the property of a customer.
