Modiqua was employed by the $4^{th}$ Element $($Pty$)$ Ltd until he was dismissed for making a disclosure to the Department of Employment and Labour about the employer's pattern of non$-$compliance with the occupational health and safety protocols.

ANSWER THE FOLLOWING QUESTIONS WITH REFERENCE TO THE RELEVANT AUTHORITY:

$($i$)$ Discuss the lawfulness of the respective conducts of Modiqua $($disclosure$)$ and employer $($dismissal$).$

$($ii$)$ Employers are expected to take a 'reasonably practicable' standard of care towards ensuring the health and safety of employees. That is$,$ the duty to ensure health and safety is not absolute$.$ Explain how the concept "reasonably practicable' standard is determined in each situation.

$($iii$)$ One of the common law duties of the employee is to obey all the reasonable instructions of the employer. The OHSA, however, provides protection for 'disobedient' employees under certain circumstances. List those circumstances.