You would be forgiven for thinking that a Champions League football match taking place in Munich in late September would not be the most obvious of settings for one of the most talked about and controversial employment law situations of the last few years but that is precisely what happened when Manchester City visited Bayern Munich in European footballs premier club competition. With Manchester City trailing, their manager, Roberto Mancini, turned to Carlos Tevez (a substitute at the time) and asked him to warm up, presumably with the intention of bringing him on to play.  It is alleged by Mancini that Tevez then refused the request.
Consider the position in any "normal" employment situation: if an employee in your place of work was given a command by a member of the management team, and that employee refused to obey it, what would be the consequences?  The likely answer is that that employee would be subject to disciplinary proceedings and may be even dismissed, depending on the circumstances.
Such an action would almost certainly amount to a fundamental breach of contract as it goes to the very heart of any employment relationship; the employee is paid to perform their work duties.  There is also a term implied to every contract of employment to obey reasonable and lawful instructions.
Depending on a companys disciplinary procedure, Tevezs actions could almost certainly constitute gross misconduct for which the punishment is often dismissal, or at the very least a written warning.
So what are Manchester Citys options now?  As discussed above, they may well have legitimate grounds to dismiss Tevez, although it seems that to do so, would be giving the player exactly what he wants; a free transfer away from a club he wants to leave with a freedom of choice to sign for whichever club he wishes to do so, presumably picking up a large signing on fee in the process.
Should they follow this option, they may then pursue Tevez for the loss in any transfer fee they would reasonably have expected to recover had been sold for "market" value, as Chelsea did successfully with Adrian Mutu in the not too distant past.
Perhaps more likely is that Tevez will be subject to Manchester Citys disciplinary procedure and if found guilty presumably fined and possibly even suspended.  The club are then likely to try and sell him for as large a fee as possible during the January transfer window.
As to what a company should do if such a situation arises in its workplace, this will largely depend on the companys disciplinary procedure and what constitutes "gross misconduct".  Such actions are likely to be found to be a fundamental breach of contract although this will largely depend on the circumstances that surround it.
If the company does perceive such actions to constitute gross misconduct and a fundamental breach of contract, a full investigation should be carried out with statements taken from all parties involved.  The disciplinary proceedings should be conducted in a way consistent with the companys disciplinary procedure and the decision taken (whether that be to dismiss or otherwise) must seen to be procedurally fair and be a reasonable response to the employees actions.
If you are an employer and such a situation has arisen and you would like advice on how to handle the situation, please call 01159888777 and ask to speak to a member of Fraser Browns employment team