LEGAL PRINCIPLE: LABOUR LAW – Master and Servant – Wilful Disobedience of Lawful Orders Justifies Summary Dismissal
PRINCIPLE STATEMENT
Wilful disobedience of a lawful and reasonable order of the master justifies summary dismissal because it disregards a condition essential to the contract of service.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Nwobosi v. African Continental Bank Ltd (1995) NLC-911991(SC) at p. 10; Paras C–D.
"Wilful disobedience to the lawful and reasonable order of the master justified summary dismissal… a disregard of – a complete disregard – of a condition essential to the contract of service, namely, the condition that the servant must obey the proper orders of the master, and that, unless he does so, the relationship is, so to speak, struck at fundamentally."
EXPLANATION / SCOPE
Wilful disobedience of a lawful order strikes at the heart of the employment relationship. The order must be lawful and reasonable. The disobedience must be deliberate, not accidental. The principle applies to all master-servant relationships. The employer may dismiss without notice. The employee may challenge the reasonableness of the order. The court will examine whether the order was within the scope of employment. The rule protects the employer’s authority. The employee cannot refuse orders based on personal preference. The principle is well-established in common law.