4. Was the discipline proportionate to insubordination?
The trial judge ruled, and the court of appeal agreed, that
termination is the ultimate form of employment discipline, one that is
required by only the most egregious acts such as
misconduct that gives rise to a breakdown in
the employment relationship
misconduct that is fundamentally or directly
inconsistent with the employee's obligations
misconduct that violates an essential
condition of the employment contract
Refusing, with reasonable cause, to comply with
an unreasonable order does not constitute such an egregious act.