In most situations, the law obliges employees to obey the employer, even if there is nothing in the contract of employment that mentions this. However, the employee is not obliged to follow any orders given by the employer that are illegal or unreasonable. Therefore, if an employee refuses to do something that is unreasonable or illegal, the employee has not breached the contract and therefore is not a ground for firing the employee. Some overtime may be a reasonable part of the job that the employer can expect from the employee.
Most awards provide for overtime, working hours in general and work on public holidays.
Employers should check the appropriate award to see what conditions apply to the particular industry. The law recognises that often the employer's property is placed in the control of the employee and therefore if the employee wilfully destroys property belonging to the employer, this may be a sufficient ground for firing the employee. During the time that the worker is in engaged in employment with the employer, the employee has a legal duty not to make improper use of their position or of any confidential information acquired during employment. For example, an employee cannot take up business opportunities for him or herself in competition to their employer, which was made possible because he or she acquired confidential information during the course of his or her employment. If the employee does act in a way that is contrary to the interests of the business, this may be a ground for dismissal and the employer may be entitled to some of the profits that the employee made in competition with the employer.