The respondent was later charged with two acts of misconduct, refusal to work i.e. overtime in case of emergency and wilful disobedience of a lawful order given by his superior. The appellant’s Disciplinary Committee acquitted the respondent on the first charge but found him guilty on the second charge. It then ordered his dismissal with effect from 26 October 2005 and its decision was subsequently upheld by the appellant’s Appeals Committee. On appeal by the respondent against his dismissal, the Labour Court found that, because it was known that the respondent was on authorised time off, the order to write a report was so unreasonable as to be unlawful. Therefore, the respondent’s refusal to comply with that order was not an act of insubordination. The court allowed the appeal and ordered the appellant to reinstate the respondent or pay damages in lieu of reinstatement. The grounds of appeal herein are essentially twofold: that the court applied a quo the wrong test in holding that the order given to the respondent was so unreasonable as to be unlawful; that the court consequently erred in finding that the respondent’s refusal to write the report did not constitute wilful disobedience of a lawful order given by his superior.
The respondent was later charged with two acts of misconduct, i.e. refusal to work overtime in case of emergency and wilful disobedience of a lawful order given by his superior. The appellant’s Disciplinary Committee acquitted the respondent on the first charge but found him guilty on the second charge. It then ordered his dismissal with effect from 26 October 2005 and its decision was subsequently upheld by the appellant’s Appeals Committee. On appeal by the respondent against his dismissal, the Labour Court found that, because it was known that the respondent was on authorised time off, the order to write a report was so unreasonable as to be unlawful. Therefore, the respondent’s refusal to comply with that order was not an act of insubordination. The court allowed the appeal and ordered the appellant to reinstate the respondent or pay damages in lieu of reinstatement. The grounds of appeal herein are essentially twofold: that the court a quo applied the wrong test in holding that the order given to the respondent was so unreasonable as to be unlawful; that the court consequently erred in finding that the respondent’s refusal to write the report did not constitute wilful disobedience of a lawful order given by his superior.
SC%205-15%20-%20INNSCOR%20AFRICA%20%28PRIVATE%29%20LIMITED%20v%20GWATIDZO.docx