The respondent was a managerial employee (branch manager) employed by the appellant for 20 years. He participated as spokesperson in and facilitated an unlawful industrial action by the appellant's employees. During the industrial action on 3-4 December 2008, the respondent openly taunted members of management, challenged their authority, called for the dismissal of six managers, and brought about chaos and mayhem at the appellant's business premises. Following a disciplinary hearing, the respondent was found guilty of two acts of misconduct: conduct inconsistent with the express or implied terms of his contract and disobedience to a lawful order. He was dismissed from employment. The matter was referred to compulsory arbitration, where the arbitrator found that while the misconduct warranted dismissal, the dismissal was unfair because only the respondent was singled out for disciplinary action among all employees who participated. The arbitrator substituted the dismissal with a final warning. The Labour Court upheld the arbitrator's award. The appellant appealed to the Supreme Court.