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Can the employee choose to disobey an instruction from the employer because he thinks the instruction was unreasonable or simply wrong?
The short answer is ‘no’!
The duty of obedience to employer’s instruction is fundamental to the employment contract. The employee must follow all lawful and reasonable instructions from the employer, even if he thinks the instruction is manifestly wrong.
What if the employee thinks the instruction was unlawful? Well, the employee must comply first with the instruction and question it’s validity later.
Why? well, if the employee is given the right to disobey an instruction that he thinks is illegal, it would be impossible for the management to maintain discipline at workplace, every employee will decide for themselves whether to follow an instruction or otherwise. That is not in the best interests of the business.
Wilfull disobedience, defiance or insubordination is a serious misconduct that warrants summary dismissal. Beware. Don’t be too smart with the boss! 😁
See: Mohamad Syafiq v. Nityo Infotech Services (2025) 1 MELR 306.
R. Jayabalan
MESSRS R. JAYABALAN
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