LRM3702
ASSIGNMENT 6 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: 4 NOVEMBER 2024
, LRM3702
Assignment 6 Semester 2 2024
Unique Number:
Due Date: 4 November 2024
Labour Relations Management: Micro
QUESTION 1
Legality of Joe and Frank's refusal to use the computers and fairness of their
dismissals:
Joe and Frank's refusal to use the computers can be seen as insubordination, which is
generally defined as the failure to obey a reasonable and lawful instruction from an
employer. In this case, their refusal to operate the computers after being instructed by
their supervisor could fall under this definition. The Labour Relations Act (LRA) allows
employers to dismiss employees for insubordination if the instruction given is lawful and
reasonable, and if the employee's refusal is deliberate.
However, the fairness of the dismissals needs deeper analysis. According to the LRA,
a dismissal must be both substantively and procedurally fair. Substantive fairness
relates to whether there was a fair reason for dismissal, while procedural fairness
concerns whether the correct process was followed.
In this case, Joe and Frank were given multiple warnings before their dismissal,
indicating that the company followed some procedural steps. But substantively, their
refusal stemmed from a grievance regarding job grading. They had been performing
higher-level duties (operating computers) without extra pay or formal recognition, so
their refusal to continue doing so may be seen as a form of protest rather than outright
disobedience. While the company saw it as insubordination, Joe and Frank’s argument
was more about fair treatment, which complicates the fairness of the dismissal. Given
that they had been contributing to tasks outside their regular duties and expected