What is Insubordination in the workplace?
The act of insubordination in the workplace refers to an employee intentionally refusing to obey a reasonable and lawful instruction and the result is a defiance of the authority of their employer, which can result in disciplinary action.
Elements of insubordination
Insubordination requires the presence of a number of elements;
- The fact that an instruction was given must be clear and evident;
- If such an instruction is given, it may not be illegal;
- There could have been no question as to the reasonableness of the instruction.
To put these three elements into perspective, you must receive instructions verbally or in writing. It’s essential that the instructions you receive match your job description, and if you willfully flout them then that can be seen as a serious instance of insubordination at work. It is believed that you have challenged the authority of your employer.
The employer may dismiss you if it can demonstrate that your insubordination was deliberate and serious enough to damage the trust relationship.
Examples of insubordination?
Examples of insubordination include but are not limited to:
- Refusing to perform a job task when ordered to do so by an employer;
- An employee’s failure to ask for permission before taking a leave;
- Employees who refuse to come to work;
- An employee who refuses to remain on shift.
- Insubordination does not include the following:
- The employee who refuses to perform a task that is not supposed to be performed (e.g. an action outside their job responsibilities)
- Employees who fail to follow instructions because they misunderstand them;
- Employees who refuse to engage in unethical or illegal behavior;
- Employees who fail to comply with a decision that is unreasonable based on current social norms;
- If an employee’s insubordination was minor or isolated, a company may be required to engage in progressive discipline, such as a verbal or written warning, before terminating the employee.
The discipline should be proportional to the misconduct and aim to correct the behavior.
One act of insubordination may, in rare cases, be grounds for dismissal if it amounts to blatant disregard for the employer’s orders.
It is very rare for a single act of insubordination to justify termination, unless the act was very serious or had become a documented pattern.
(This article is provided for informational purposes only and not to provide legal advice. For more information on the topic, please contact our offices.)
