What Constitutes Insubordination by an Employee?

Insubordination is detrimental to a work team

Insubordinate employees can impact the overall productivity of a work team. Left unchecked, insubordinate behavior decreases the morale of your other employees and undermines your authority.

Definition

In Sims v. Board of Trustees, Holly Springs Municipal Separate School District, insubordination was defined as "a constant or continuing intentional refusal to obey a direct or implied order, reasonable in nature, and given by and with proper authority."

Verbal Insubordination

An inappropriate verbal confrontation with a manager or supervisor is considered insubordination.

Considerations

Refusal to carry out illegal or unsafe employer instructions is not generally insubordination, provided the employee immediately follows acceptable reporting procedures.

Recommendation

Ensure that your company policy clearly outlines the definition of insubordination, including consequences, and reporting procedures for unsafe or illegal demands from a supervisor.

Consequences

In Amos v Alberta, the Alberta Court of Queen's Bench judge ruled that "it is not possible, from one fact alone, to conclude if insubordination in a particular situation can justify summary dismissal. Usually, one instance of insubordination will not be sufficient to summarily fire an employee."

Exceptions

If the instance of insubordination was severe, and the company has a consistently applied policy against insubordination, one instance of insubordination may be a terminable offense.

References

• duhaime.org: Legal Definition of Insubordination