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Don't charge your employee with gross insubordination until you've considered these three factors

by , 28 August 2014
Gross insubordination is an employee's deliberate defiance of your authority.

It's when he breaches a basic duty to be compliant and refuses to follow reasonable instructions. He intentionally challenges your authority and makes continued employment unbearable.

Now there are three factors you must consider before you charge your employee with gross insubordination.

Read on to find out what they are so you'll avoid any come-backs.


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Consider these three factors when charging your employee with gross insubordination


Consideration #1: Is the instruction in conflict with an instruction given recently by the same supervisor?

For example, a supervisor is angry with a worker for slowing down production and tells him to stop working on a machine. He says he must swap places with his assistant and never work on the machine again. Two days later, the same supervisor says he must work on the machine for a quality control test. The worker refuses on the basis of the instruction given two days earlier.

The instruction mustn't conflict with an instruction given recently by the same supervisor.

Consideration #2: Is the instruction not work related?

A non-work related instruction won't amount to a disciplinary offence. For example, a wage clerk can refuse to fetch her manager's children from school.

Consideration #3: Is the refusal deliberate?

The refusal must be a deliberate defiance or challenge to your authority or deliberate breaking of the terms and conditions of employment. It's not merely being rude, reluctant or slow to carry out the instruction, says the Labour Law for Managers Loose Leaf Service.

The Loose Leaf Service goes on to say, dismissal's fair if he refuses to carry out your instruction and tells you to do the work yourself and he doesn't have a good reason for refusing.

There you have it. If you don't want to find yourself on the wrong side of the law, be sure to consider these three things before you charge your employee with gross insubordination.



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