면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Employment Law
Court of Appeal
1974

Wilson v Racher

[1974] ICR 428

판결 이유

A single act of insubordination does not necessarily justify summary dismissal. The context, provocation, and all circumstances must be considered. The old master-servant approach to employment is outdated.

사실관계

Wilson was a head gardener dismissed after a heated exchange with his employer, Racher. Wilson used foul language after being provoked by Racher's unreasonable conduct and criticism. He was dismissed for insubordination.

판결 요약

The Court of Appeal held that the dismissal was wrongful. A single outburst of bad language, provoked by the employer's own unreasonable behaviour, did not amount to conduct justifying summary dismissal. The old authoritarian approach to employment was rejected.

주요 인용문

"We have by now come a long way from the days when a contract of service was regarded as a contract for the rendering of menial service."

Edmund Davies LJ

후속 처리

Good law

Important authority on the contextual approach to summary dismissal for misconduct.