Workplace insubordination refers to an employee’s refusal to obey an employer’s lawful and reasonable orders. Such refusals may undermine a supervisor’s authority and management abilities and, therefore, are frequently grounds for disciplinary action, up to and including dismissal.
Elements of insubordination:
For conduct to constitute insubordination, several elements must be present:
- It must be clear and evident that an instruction was in fact given;
- Such an instruction being given, may not be unlawful;
- The reasonableness of the instruction must have been beyond reproach.
Depending on the form of instruction, it may be a verbal directive, written instructions, a job description, or even implied duties where no formal job description exists.
A refusal to comply with, or refusal to follow a reasonable and lawful instruction of an employer constitutes misconduct and is punishable with dismissal in cases of gross insubordination.
As a result, insubordination policies often go beyond the prohibition of disobedience to include rude and disrespectful behaviours called insolence.
In addition, there is a fine line between insolence and insubordination, and acts of insolence and insubordination do not justify dismissal of the employee.
Disrespectful conduct may also be considered insubordination if it poses a deliberate and serious challenge to or defiance of the authority of the employer, even when no instruction was given or defiance was shown.
Insubordination is generally thought to be grounds for dismissal when there is “gross” insubordination, with the key being whether the behaviour is deliberate, persistent, and serious.
What is not considered insubordination?
The following examples are not considered insubordination:
- An employee who refuses to perform an action that they are not required to do (eg an action outside the scope of the employee’s job duties);
- An employee who misunderstands instructions resulting in their failure to perform an action;
- An employee who refuses to perform an unethical or illegal action;
- An employee does not comply with an order that is not reasonable in the light of the norms of contemporary society;
- An employee who refuses to perform an action issued by someone who does not have authority;
- An employee who refuses unsafe work; or
- An employee’s lack of consent to a change in remuneration.
Alternatively, if an employee has a reasonable explanation for the disobedience, the employer should not terminate him or her for insubordination. Instead, the employer should listen to the employee’s explanation and propose a solution that will prevent it from happening again.
The Occupational Safety and Health Administration protects workers who refuse to perform work if they have good faith belief that performing the work would cause them imminent danger.
Employees who refuse to do something that is illegal, unethical, or against company policy would not be considered insubordinate.
