You give an employee an instruction to do some work, urgently. The instruction is reasonable. But the employee just doesn’t do what he’s been told to do. He doesn’t say anything at the time, and carries on with what he’s doing. You leave expecting the work to be done.
A while later, you discover that the work hasn’t been done. When you ask the employee why he didn’t do the work, he just shrugs his shoulders. He gives some ludicrous excuse, saying he didn’t have time, or something like that!
You’re so angry. And you’re fuming!
Is this insubordination?
Based on the following explanation in a labour court case, you be the judge on whether it’s insubordination or not:
“The offence of insubordination in the workplace entails a willful and serious refusal by an employee to obey a lawful and reasonable instruction. Or where the conduct of an employee poses a deliberate (willful) and serious challenge to the employer’s authority. Even where there is no indication of the giving of an instruction or defiance of an instruction.”
The key to this is, was the refusal … willful and serious? Or was his conduct deliberate and seriously challenging to your authority?
If not, then it’s not insubordination – it’s more likely to be: Failure to obey a reasonable instruction.
WHAT IS INSUBORDINATION?
Insubordination is either:
- a willful refusal to obey an instruction;
- conduct which the employee displays a serious challenge to the employer’s authority;
- or both.
INSUBORDINATION occurs when an employee blatantly fails or refuses to follow a lawful and reasonable instruction. And it’s given by someone who’s authorised to give such an instruction.
So in the above example, if the employee had said to you: “… no, I’m not going to do that.” Or he had just ignored you, … then that would be insubordination.
But sometimes it’s not always that clear and obvious.
CCMA CASE
Here’s a CCMA case involving insubordination that might make it clearer:
This employee worked in the confectionery department in a retail store. On this particular occasion a hygiene inspection was done by an independent authority. It was found that the hygiene and cleanliness levels were inadequate. It could have caused the store to being closed down.
The employee’s manager then instructed him to pick up some boxes. But the employee refused to obey. He contended that the instruction was unreasonable. A co-worker then had to pick them up.
The employee was charged with gross insubordination. And at a disciplinary hearing he was dismissed.
The dismissal was referred to the CCMA as unfair.
The CCMA Arbitrator found that the instruction was in fact reasonable and that insubordination had taken place. The decision to dismiss was upheld. (MJ Langene v Pick n Pay CCMA Arbitration AJB2711-08)
If you need to establish whether an act of insubordination has in fact occurred it is very important that you determine that the insubordination is a true, calculated act of defiance of authority that is deliberate.
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