Employment law Essay Example | Topics and Well Written Essays - 2000 words - 2

Employment law - Essay Example Newspaper Ltd) it was held that an act of insubordination or disobedience or misconduct can warrant a summary dismissal only if it is demonstrated that the employee has renounced the terms of contract or one of its important conditions. Thus, in case of insubordination dismissal, it depends upon factors like status of the employee, the past track record of the employee and the social scenarios prevailed at that time. In Blyth v The Scottish Liberal Club (1983), wilful disobedience to adhere the superior’s order like a decline to attend meeting was regarded as insubordination2. In Wilson v Racher case, the defendant dismissed the gardener as there was heated argument over the gardener’s early departure on a previous Friday. In this case, there was no allegation of insolence or inefficiency and the Court of Appeal held that whether the attitude of the gardener was insubordinate and insulting to such magnitude as to be irreconcilable with the prolonging of the relationship of servant and master and hence, the dismissal was held to be unfair3. In Macari v Celtic Football and Athletic Co Ltd, it was held by the Court of Session that employees were not warranted to adhere with orders that had been issued in bad faith in scenarios where the employer was unfriendly with the employee. Further, the order issued to the employee in such a bad faith to the magnitude that it was obvious that the order had been issued with some ulterior motive and to mainly to harass or embarrass the employee4. Thus, in cases of insubordination, EAT (Employment Appellate Tribunal] will not just look at the order itself and the employee’s refusal to adhere the instruction of his employer but EAT will also give consideration to the reality and the actual background under which such order was issued. In Cavanagh v Dunnes Stores, an employee was dismissed as he declined to relocate from the Head office to a store in the ILAC centre though the employee had initially given his consent for