The Ontario Court of Appeal has held that an employer many terminate an employee's employment for cause if the employee is «guilty of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer's business, or if he has been guilty
of wilful disobedience to the employer's orders in a matter of substance.»
The Ontario Court of Appeal described the circumstances when an employee may be terminated for just cause in its seminal decision Port Arthur Shipbuilding Co. 1 finding that an employee may be terminated for cause if he or she is «guilty of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer's business, or if he has been guilty
of wilful disobedience to the employer's orders in a matter of substance.»
As a legal luminary, acting President Osinbajo knows the implication
of wilful disobedience to court orders by Buhari's administration, especially on several bails granted to some personalities who are still being detained illegally, he nevertheless refused to act or intervene professionally on the legal dilemmas probably to prove his absolute loyalty to the administration.
Not exact matches
But criminal contempts are offenses upon the court such as
wilful disobedience of a lawful writ, process, order, rule, or command
of court, and a fine or imprisonment is imposed upon the contemnor for the purpose
of punishment.
Nevertheless, the employer was ordered to pay the employee his statutory notice and severance pay pursuant to the ESA because his misconduct did not rise to the level «
of wilful misconduct,
disobedience or
wilful neglect
of duty that is not trivial» required by the ESA to terminate his employment for cause.