Refusing instructions from your boss can lead to dismissal
A recent Labour Appeal Court case has resulted in the dismissal of an employee who refused instructions from their boss.
A recent Labour Appeal Court case in South Africa has highlighted the importance of employees following lawful instructions from their superiors.
The case involved a correctional officer, Kutu, who was fired after refusing to escort an inmate in need of urgent medical care.
The court ultimately upheld the guilty finding and dismissed Kutu's cross-appeal, reports BusinessTech.
According to Hope Mboweni, an associate at Shepstone & Wylie Attorneys, this case serves as a lesson to both employees and employers.
Mboweni stressed that employees have a duty of good faith towards their employers, which includes obeying lawful and reasonable instructions.
"In a case where an employee is faced with a lawful and reasonable instruction from their employer, the employee must obey the instruction and grieve later," he said.
The case began when Kutu's manager, Mr Malungwana, received a call from the prison clinic asking for an inmate to be escorted to Kalafong Hospital.
Malungwana instructed Kutu to help the inmate, but Kutu refused, claiming it was his birthday and later saying it was his lunchtime.
Kutu argued that he was not directly ordered to escort the inmate but instead asked for assistance and alleged that he was the victim of a conspiracy to dismiss him.
However, the arbitrator found that whether the word "assist" or "order" was used was immaterial, as Kutu's job duties clearly included escorting inmates.
The Labour Court initially found that Kutu's dismissal might have been too harsh, but the Labour Appeal Court later upheld the guilty finding, focusing on the importance of obeying instructions in an enforcement institution.
Mboweni noted that this case reminds employees that insubordination can justifiably lead to dismissal when the defiance is deliberate and serious.
"This case serves as a lesson to both employees and employers," Mboweni said. "It reminds employees that insubordination will not be tolerated."
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