Respect in the workplace

The employment contract can either be in writing or oral and both parties are expected to adhere to its terms.

One such duty is that an employee must be respectful and obedient to the employer. The law recognises this as an implied term of the employment contract and employees are obliged to respect and obey their employers. The employee's duty of obedience applies only to work-related orders and to instructions that are lawful and reasonable.

The yardstick in determining whether an employee's conduct is considered to be disobedient and disrespectful was laid down in many cases that have come before recognised employment-related tribunals including the Labour Court.

In one of the cases it was held that an act of disobedience or misconduct can justify dismissal only if it is of a nature which goes to show that the employee is repudiating the contract, or one of its essential conditions. The disobedience must at least have the quality that it is "wilful" and it does connote a deliberate flouting of the essential contractual conditions.

The act of disobedience must be intentional and intended to undermine the authority of the employer. The conduct should pose a deliberate and serious challenge to the employer's authority.

Such conduct can be verbal or by conduct, for example, tearing up a written instruction issued by an employer in the employer's presence.

In determining whether an employee has breached the duty of respect and obedience, an important distinction must be made between insolence and insubordination.

An employee can be insolent without necessarily being insubordinate (disobedient or challenging authority). Mere disrespect for the employer cannot by itself constitute insubordination.

Contemptuousness of authority (insolence, impudence, cheekiness, disrespect or rudeness) can still constitute a ground for dismissal. Each incident of insolence will be determined on its own facts and circumstances.

Source: Sowetan via I-Net Bridge