How to deal delicately with insubordination

Disobedience or the willful refusal to obey an employer's legitimate instruction is a serious offence, but as Hannes Latsky explains, the disciplinary procedure is not so straightforward.

- By Hannes Latsky

Insubordination disrupts harmony and discipline in the workplace and occurs when an employee wilfully challenges the employer's authority, most often by refusing to follow a lawful and reasonable instruction.

Since employees have a legal duty to obey valid instructions within their role, defying such instructions directly undermines the authority that supports the employment relationship.

Even though the Labour Relations Act No. 66 of 1995 (LRA), does not define insubordination, the Code of Good Practice: Dismissal, published under the LRA does recognise gross insubordination as a serious form of misconduct.

Insubordination can be expressed directly, such as an outright refusal to follow an instruction, or indirectly, such as deliberately ignoring an instruction.

The LRA's Code of Good Practice explicitly warns employers to not dismiss an employee for a first offence unless the misconduct is so serious that it makes the continued employment relationship intolerable.

The seriousness of the insubordination must therefore be assessed in the light of the implications for the employer, and against the impact it has on the employment relationship.