Savage v Nestle Waters Powwow Ltd - Fairness of dismissal for refusing to obey instruction depended on the reasonableness of that instruction [2008] EAT

Mr Savage, a driver, was already under a final written warning from his employer NWP. One day he returned to the depot having not delivered all his stock. His manager told him to deliver the rest - he refused and went home. He considered that the request to work beyond his contractual 8 hours was unreasonable. He had not had a break and he did not believe he would be paid overtime for doing the extra hours. NWP disagreed with his view of his contract and dismissed him for gross misconduct.

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