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- Insubordination refers to the defiance of, or resistance to authority and the refusal or failure to obey clear, reasonable and lawful instructions.
- Insubordination is generally a serious offence, although it is important to differentiate between offences due to negligence and offences with intent, as it has a definite impact on the seriousness of the offence.
- The seriousness of the offence is also influenced by the employee’s type of work and responsibilities, the (possible) consequences of the offence and the impact of the offence on the employee-employer trust relationship.
- Every employee must have a detailed job description to clarify duties and the employer’s expectations.
The relationship between the employer and the employee is based on mutual benefits and respect. Clear rules and guidelines ensure that friction and misunderstandings are kept to a minimum, which in turn promotes productivity and a positive working environment. Often it is only one employee who acts as a troublemaker, negatively influencing and inciting other employees. Reasons for such a poor attitude can include personal circumstances, personality clashes, a misplaced sense of entitlement, and the like.
Insubordination refers to the defiance of, or resistance to authority and the refusal or failure to obey clear, reasonable and lawful instructions.
Insubordination refers to the defiance of, or resistance to authority and the refusal or failure to obey clear, reasonable and lawful instructions. Many employers have had to deal with insubordination in the workplace and it is important to know how to deal with it correctly and in line with labour legislation.
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Types of subordination
Insubordination is generally a serious offence, although it is important to differentiate between offences due to negligence and offences with intent, as it has a definite impact on the seriousness of the offence. The seriousness of the offence is also influenced by the employee’s type of work and responsibilities, the (possible) consequences of the offence and the impact of the offence on the employee-employer trust relationship.
Insubordination can be related to a wide variety of offences and is mainly linked to disrespectful behaviour. Common offences include:
- Non-compliance with established rules and procedures.
- Playing games – this offence is more serious when such action endangers the safety or health of others, or the good spirit in the workplace and smooth running of work.
- Insolence – any disrespectful attitude towards the supervisor, a more senior person or a client.
- Refusing to obey a reasonable and legal instruction.
- Abusive language – this offence is more serious when it is aimed at race, gender, religion or any other arbitrary ground.
- Distributing unauthorised propaganda – information, especially of a biased or misleading nature, used to promote or publicise a particular political cause or point of view.
Each case must be assessed according to its own merits and the sanction should be in line with the seriousness of the offence.
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Steps to follow
Employers are advised to follow these steps to identify misconduct referring to insubordination:
- Investigate: During the investigation the employer must establish whether the employee acted in an insubordinate manner. The employer should also gather evidence in this regard and determine the seriousness of the offence, including (possible) consequences.
- Consult with the employee: When consulting with the employee, the employer should determine if the offence was due to the employee’s negligence or to intent. It is important to give the employee the opportunity to present more information and explain the situation from his/her point of view.
- Determine the sanction: The sanction is determined by the seriousness of the offence. To establish if the sanction is fair, the employer must consider the facts of the case as every case has its own merits. It is important to note that the employer must prove on a balance of probability that the employee is guilty before imposing any sanction.
- Take disciplinary action: A disciplinary code is vital to ensure there are clear rules in the workplace, with appropriate sanctions, for employees to follow. When these rules are broken, the employer can apply progressive discipline (warnings), or in cases of severe misconduct proceed directly to a disciplinary hearing. The employer must take note to keep detailed records of employees’ misconduct and sanctions applied.
Every employee must have a detailed job description to clarify duties and the employer’s expectations. – Tiaan Botes, legal advisor, LWO Employers Organisation
