Question:

(A) How far does the English definition of misconduct differ from the French definition of misconduct?

(B) Section 38 (2) of the Employment Rights Act provides that "no employer shall terminate a worker's agreement unless he has within 10 days of the day on which he becomes aware of the misconduct, notified the worker of the charge made against the worker and the worker has been afforded an opportunity to answer any charge made against him in relation to his misconduct".

What meaning has the court given to the words:

(i) The day on which the employer becomes aware of the misconduct.

(ii) An opportunity to answer the charge.