Insubordination and How to Deal with It

Insubordination is a difficult issue that many HR professionals may need to address in the workplace. It often arises from employees’ unwillingness to follow instructions, though it could also be the result of miscommunication.

Whatever the reason, failing to address an insubordinate employee may lead to further issues and create tension within their team and beyond. However, it’s important to get to the root of the problem, rather than just dismissing it as simply an agitated or rude employee.

Letting workplace insubordination sit for too long could affect how your employees view and respect your authority as an HR professional or manager. It could even risk creating a toxic workplace culture, which may lead to decreased productivity down the line.

Below, we explore the meaning of insubordination, how to identify it, and the ways to manage it at work.

What is insubordination at work?

Insubordination is the act of wilfully ignoring, disobeying, or refusing to follow directions from an authority figure or group. It’s a term more commonly used within the military, but one that’s also applicable to the workplace. In this case, it involves an employee refusing to follow directions from their manager, another superior, or from their organization as a whole.

Insubordination is a type of misconduct that can have far-reaching effects within an organization. It can damage the overall functioning of a business, undermine an authority figure’s credibility, or hurt morale and productivity.

Insubordination is generally perceived as a serious offence, and is often grounds for disciplinary action, including dismissal and a letter of termination from an employer.

What are examples of insubordination?

Specific examples of insubordination at work will be unique to the individual or organization where they occur. However, here are some common examples of behaviours and actions that could be classified as insubordination:

• Refusing to follow a direct order from an authority figure. For example, an employee might refuse to complete a task assigned to them by their manager
• Disobeying company policies or procedures. An employee might ignore conditions of employment or established policies or procedures, even when they have been specifically instructed to follow them. For example, an employee may post disparaging things about the company on social media when this behaviour is strictly prohibited in the employee handbook
• Sabotaging work or hindering productivity. Insubordination can also involve actively disrupting work or hindering productivity, such as purposely slowing down progress or causing problems.

It’s important to distinguish insubordination from other problematic behaviours like harassment or absenteeism. However, it is often accompanied by other forms of misconduct:

• Disrespecting or challenging authority. Insubordination often accompanies or follows disrespectful or confrontational behaviour towards someone in a leadership position, such as arguing with them (as opposed to respectfully and productively communicating disagreement)
• Disrupting team dynamics or undermining authority. An insubordinate employee might also attempt to undermine the authority of their supervisor or the organization. For example, by spreading rumours or gossip about them or encouraging others to defy their instructions. This behaviour can impact other team members and disrupt the completion of tasks.

How is insubordination at work defined?

Officially, insubordination at work has occurred when the following three factors have taken place, according to SHRM:

1. An employer makes a lawful and reasonable request of an individual employee or employees as a whole
2. The employee  receives  the order
3. The employee refuses to accept, follow, or carry out the order.

The direction can be verbal, written, or defined as part of an employee’s job description. It can be passed down from a supervisor to their direct reports, from the business owner, or from another authority figure.

The employee’s receipt of the direction doesn’t require a formal acknowledgement; it can be as informal as being present at a meeting or reading an email containing the instruction.

The key differentiator between insubordination and other types of misconduct is the employee’s wilful intent to defy an order. Therefore, it is considered insubordination if they:

• Verbally say they won’t complete the order
• Ignore the order (also called a nonverbal refusal)
• Take an unreasonable amount of time to complete the order.

It’s  not  insubordination if the employee:

• Misunderstands instructions
• Doesn’t receive the direction
• Is otherwise unable to complete a task because of a misunderstanding or obstruction
• Refuses to carry out an action that’s illegal, unethical, or unsafe.

What are the grounds for insubordination?

The specific grounds for insubordination can vary depending on the unique circumstances and the policies and procedures of an organization. As described above, insubordination requires a clearly communicated order from the employer, and an employee’s wilful actions to undermine or refuse to follow the order.

The grounds of insubordination for dismissal typically require an egregious act of insubordination at work, or repeated acts that have been documented and culminate in eventual termination.

Insubordination labour laws in Canada

The grounds for insubordination and subsequent dismissal will differ depending on the workplace and circumstances. However, there are some key labour laws to consider as a Canadian employer:

• Actions can’t be defined as insubordination if the misconduct happened as a result of a genuine miscommunication, not involving either party’s bad faith.
• An employee can’t be dismissed if an employer has no real reason or evidence of insubordination, especially if it’s clear it is grounded in a personality conflict.
• If an employee genuinely finds it impossible to carry out a task, whether physically or in good faith, they can’t be considered insubordinate. In this case, policies should be revisited in case they are deemed unreasonable, and alternatives should be presented.

There are also more technical laws to consider when dismissing employees, whether as a result of insubordination or not. You must:

• Provide employees with at least two weeks’ written notice. If they have served more than three years, you must provide one week’s notice per year of employment.
• Pay employees their full wages until their contract has ended.
• Provide a written statement that details the remaining benefits they are entitled to including wages, vacation pay, and severance pay.

What’s the difference between insubordination and misconduct?

Insubordination is a specific type of misconduct that involves disobedience or the refusal to follow orders from a superior. Misconduct is a broader term that refers to behaviour considered inappropriate or wrong within a particular context.

Misconduct can take many forms and include a wide range of behaviours, such as insubordination, theft, harassment, fraud, or violation of company policies or local and federal laws.

Get your team trained up on how to handle insubordination

Tackling insubordination at work can be a delicate issue, which is why it’s important to have the right processes in place. Managing these processes efficiently is key to maintaining clear company values and employee communication, so you can mitigate insubordination before it becomes a wider issue.

With BambooHR, we provide an all-in-one platform for you to store, manage, and process employee data. Stay on top of cases, progress plans, and more, so you know exactly where to begin should issues arise.