Originally Posted by pallone col bracciale
You need to get real legal advice before saying anything else that displays a lack of knowledge.
The only way in which employees can win a case of unfair or constructive dismissal is if they can prove that the correct procedure has not been followed.
Without fail, the only times they can do this is if the management did not follow basic legal procedure.
Failure to carry out a reasonable request is a good enough reason for disciplinary action.
Refusing to clean the toilet when everybody else is willing to do it, and when it needs cleaning, is failing to carry out a reasonable request.
Further more, most manual and service based employment has a three-month period from its initial start date where the employer does not have to follow disciplinary procedure and can let a new employee go without giving specific reasons.
If this was included within the terms and conditions of employment, Mr Bagwan would have been well within the statutes of the law to stop his employment of somebody who did not fit well within the work culture of his organisation
In future, perhaps you should seek legal knowledge from a qualified lawyer and not from the newspapers or pub-based experts?
Any employement tribunal would view the Massa incident as, at worse, a reasonable request from the employer. But, given that there was no actual request, any case brought against the employer would not reach that stage and would not have been given time in a courtroom or in front of a tribunal.