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How to deal with insubordination and avoid being taken to the CCMA

by , 17 January 2013
How to deal with insubordination and avoid being taken to the CCMAAs 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.

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Know the difference between insubordination, gross insubordination and insolence

There's a fine line between insubordination, gross insubordination and insolence of an employee. Do you know the difference? How would you discipline an employee in each instance? If you get it wrong you could lose at the CCMA!
Don't end up on the losing side of the CCMA because you didn't know the difference!

In The Insubordination Toolkit: How to deal with insubordination, gross insubordination and insolence in the workplace we'll show you the difference between these and what you can do to discipline your employee in each case.

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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 discover how to make managing your employees easier.

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Comments
3 comments


Mavis Mashimbyi 2016-09-17 06:32:35

I would like to suscribe and receive tips in my inbox .

Thaanks

Jeffry 2016-08-21 12:47:55

An employee was instructed to answer a question during the process of rectifying the issue which caused the confusion between the employee and employer and she refused to answer.

Lulama Makunga 2013-08-27 17:43:29

Should an employee be punished if he/she refuse to work extra hours when asked to do so just an hour before normal knock off time? What is this reasonable time to request an employee to work overtime?

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