Uttering or even verbally threatening another employee or to make things worse, to one's superior is a major misconduct. Some may say that they did not mean what they say but still, the incident has happened. Such act is also consider insubordination, as the said action is not a required or desired action of an employee of any company.
Briefly,
abuse is not limited to physical assault but verbal assault as well. Especially
threatening statement that is seen to be a gross misconduct that risks others’
safety.
And on
the grounds of insubordination, an employee MUST NOT disobey any legal
instruction which is also considered as gross misconduct.
Another
case cited is Ngeow Voon Yean v. Sungei Wang Plaza Sdn. Bhd/Landmarks
Holdings Bhd. [2006] 3 ILR 1717 where the court stressed –
“From the case law, it is clear that the duty of
obedience is confined to compliance with the lawful and reasonable orders of an
employer and as such the concept of an order being manifestly wrong has no part
in the doctrine of superior orders. To that extent the Court of Appeal erred
when it made an exception to the general rule on superior orders when stating
that an employee is entitled to disobey the orders of his superior if he, the
employee, is aware that such orders are manifestly wrong. However, that
exception holds good in military or criminal law as seen from the case of PP v.
Tengku Mahmood Iskandar [1973] 1 LNS 124; [1973] 1 MLJ 128 where it was held
that "a soldier is not protected where the order is grossly illegal."
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