Managing insubordination in the workplace

Insubordination is when an employee challenges the employer’s authority and commonly occurs when an employee wilfully refuses to obey a lawful and reasonable instruction. Employees have a legal duty to obey any valid instruction within their role, and defying such an instruction effectively challenges the authority that underpins the employment relationship.

Whilst the Labour Relations Act, Act 66 of 1995 (LRA) does not define insubordination, its Code of Good Practice on Dismissal recognises gross insubordination as serious misconduct. Insubordination can be direct (e.g., saying “I refuse”) or passive (e.g., deliberately ignoring an instruction).

Insubordination vs gross insubordination

Not all defiance is equally severe. Insubordination itself is misconduct that typically warrants corrective measures (like warnings or counselling) rather than immediate dismissal. By contrast, gross insubordination involves an extreme breach of duty: it is a deliberate, serious and often repeated defiance that undermines trust. The LRA’s code of good practice explicitly warns that an employer should 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 be assessed in the light of the implications for the employer and against the impact it has on the employment relationship.  Only when the defiance is deliberate and serious does it rise to gross insubordination, which might justify dismissal.

Legal and procedural steps

Legislation requires that any disciplinary action be for a fair reason and follow a fair procedure:

• Employers should begin by thoroughly investigating and documenting the incident. This includes recording what instruction was given, how it was communicated, the employee’s response, dates, witnesses, and any supporting evidence.
• If the employer considers disciplinary action, issue the employee with a formal notice to attend a disciplinary hearing detailing the specific charge of insubordination. The notice should explain which instruction was defied and why it is considered misconduct.
• At the disciplinary hearing, the employee must be allowed to respond to the allegation and may be assisted by a trade union representative or fellow employee. Employers should present the evidence fairly and objectively, ensuring that the instruction in question was lawful and reasonable.
• Throughout the process, the employer must follow their internal disciplinary code, applying consistent rules and sanctions. Once a decision is made, communicate it in writing. If dismissal is the outcome, the dismissal letter must outline the reasons. All records of the process should be kept in case of future disputes.

Disciplinary measures and best practices

Progressive discipline is a key principle in addressing insubordination.  In most cases, employers follow a structured process that begins with less severe measures and escalates only if necessary.  Dismissal should generally be considered as a last resort, appropriate only for serious or repeated misconduct.

Initial steps may involve informal counselling or verbal guidance to correct the behaviour and reinforce expectations. If the issue continues or is more serious, formal written notices may be issued. These should clearly describe the conduct in question and the consequences of any further incidents. Where the behaviour persists or where the insubordination is of a serious nature, the employer may escalate the matter through additional disciplinary steps, which could ultimately lead to dismissal.

Throughout this process, employers should act consistently, treating similar cases alike and applying fair procedures. Each step should be properly documented, including any meetings or warnings issued. If dismissal is the outcome, the reasons must be clearly communicated, and the employer must be able to demonstrate that the decision followed a fair process.

By combining clear policies with fair, documented procedure, employers can address insubordination effectively. Upholding mutual respect and following the statutory discipline framework helps ensure employees understand their duties.

Contact the LWO for any advice or assistance!

Not an LWO member yet? Take a look at our membership packages.