14.57 On the basis of this reasoning, information-handling policies and guidelines would be unlikely, without more, to be interpreted as legally binding instructions—that is, ‘lawful and reasonable directions’.
http://www.alrc.gov.au/publications/14-frameworks-effective-information-handling/lawful-and-reasonable-employer-directions
The scope of the common law duty to comply with lawful and reasonable directions is discussed in Chapter 12. In particular, employees are obliged to comply with a command that ‘relates to the subject matter of the employment’, ‘involves no illegality’ and is ‘reasonable’.
http://www.alrc.gov.au/publications/14-frameworks-effective-information-handling/lawful-and-reasonable-employer-directions
Judicial level factors. Legal academics and judges have expressed that the undefined version of BRD (the defendant is presumed innocent unless the prosecution has proved guilt beyond a reasonable doubt) is difficult for jurors to understand.
http://www.crim.cam.ac.uk/research/beyond_reasonable_doubt/
Recommendation 14–3 Australian Government agencies should review ‘lawful and reasonable’ secrecy directions issued to employees to ensure that these are consistent with the implied constitutional freedom of political communication.
http://www.alrc.gov.au/publications/14-frameworks-effective-information-handling/lawful-and-reasonable-employer-directions
It is generally agreed that BRD should be interpreted as a .91 probability. The main goal of the present research was to better understand how members of the general public (potential jurors) quantitatively interpret BRD under different judicial instructions, case factors, attitudes, and demographic backgrounds.
http://www.crim.cam.ac.uk/research/beyond_reasonable_doubt/
1924). The Employment Development Department of California has since expanded upon that definition to include (1) disobeying an employer's order or instruction, (2) disputing or ridiculing authority, (3) exceeding authority or (4) using vulgar or profane language towards a supervisor.
http://www.hreonline.com/HRE/view/story.jhtml?id=533342732
Lawful and reasonable employer directions. A breach of [the Public Service Regulations] is not a criminal offence, but it exposes an officer to the sanction of dismissal. This sanction may be more severe than many criminal penalties.
http://www.alrc.gov.au/publications/14-frameworks-effective-information-handling/lawful-and-reasonable-employer-directions
For example, a court found that the employee did not breach her contract when she had a right under her contract to take vacation and thus a right to disobey her supervisor's instruction to report to work. Cornett supra 2008 NY Slip Op 50021U 1.
http://www.hreonline.com/HRE/view/story.jhtml?id=533342732
Even if the instruction is given in bad faith, an employee may still have an obligation to perform and then, later, enter into a grievance process. See Reilly v. Polychrome Corp. and Sun Chemical Corp., 872 F.Supp. 1265, 1268 (1995) (citing Development Co. of Am. v. King, 161 F. 91 (2d Cir. 1908)).
http://www.hreonline.com/HRE/view/story.jhtml?id=533342732
14.64 In the ALRC’s view, it is unnecessary for the Public Service Act 1999 (Cth) or other legislation to provide that directions to employees must comply with the implied constitutional freedom of political communication.
http://www.alrc.gov.au/publications/14-frameworks-effective-information-handling/lawful-and-reasonable-employer-directions
legal definition reasonable instruction
Reasonable instruction means employees are obliged to comply with a command that ‘relates to the subject matter of the employment, involves no illegality’,and is reasonable. The legal definition of reasonable instruction is employees are obliged to comply with a command that ‘relates to the subject matter of the employment’, ‘involves no illegality’ and is ‘reasonable’.