Tags: insubordination, gross insubordination, insubordinate, employee refusing to carry out instructions, insubordination definition

As companies hit the ground running as the year starts, you could be faced with challenges such as insubordination from your new employees who don't quite understand the company culture. To avoid financial loss as an employer, you need to act to curb insubordination. Here's how to avoid many loopholes in the labour law and stay on the right side of it.

Do you know that, employers lose 51% of all CCMA cases simply because they don't apply the correct measures when dismissing employees?

Here's how you can deal with dismissing employees for insubordination correctly, especially since insubordination is difficult to prove and can make it even more difficult for you to dismiss and employee.

According to the Labour Guide, as employees become more confident of the protection they get from the various labour laws and from the CCMA, they tend to be less subservient. This can result in employees not obeying your instructions.

Do you know what insubordination is?

Insubordination goes to the heart of the contract of employment. It's important that both the employer and employee understand what's expected of them.

An employees' refusal to respect reasonable authority by the employer is insubordination. This includes intentional failure to obey reasonable instructions, with comments such as 'you have no authority over me'.
Labour experts believe employees with insubordinate behaviour cost companies money
They generally work at a slower pace due to dissatisfaction with their job. This can cost your business and damage your reputation. If customers see bad attitudes and receive negative comments, they may chose to go elsewhere.
 
You can dismiss your employee for insubordination if:

1. He swears or threatens you without provocation.
2. He says he has no intention of complying and lacks remorse.
3. His insubordination results in financial loss for your company.

Four steps to dismiss an employee the legal way

The Labour Law for Managers Guide advises that if you follow these four steps you can avoid becoming one of 51%of employers who lose cases at the CCMA.

1. Prove the instruction was given to the employee and keep email records or witnesses accounts to prove an instruction was issued.
2. Prove the instruction was lawful and falls within the scope of the employees' duties.
3. Prove the employee was guilty of defying the instruction.
4. Prove why the insubordination is serious enough to justify dismissal.

Protect yourself and only proceed with your case once you can prove you followed these steps.

For more tips on how to deal with dismissing employees for insubordination go to the Labour Law for Managers Guide and managing your employees easier.

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Author: Simangele Mzizi