The employer decided to hold a training session on the second floor of the store in which Ken worked, which was inaccessible to him because he used a wheelchair. To address this problem, Ken and a co-worker decided to use an order-picker truck to lift him to the second floor. When they told Barry, the assistant store manager, about this idea, Barry reminded them that Ken would be given the gist of the training by someone else later and that they should not go ahead with their plan. Nonetheless, on the day of the trainingwhile Barry was away from the workplaceKen and some friends used the orderpicker to lift him to the training session. After this incident was reported to HR, Barry was terminated for failing to follow safety rules. Barry, who had three and a half years' service and an unblemished disciplinary record, sued for wrongful dismissal.

What arguments might the employer put forward? What arguments might the employee present? Which arguments do you think would most likely be successful?