insubordination

When may an employee reasonably refuse an instruction? When will a refusal to carry out an instruction be insubordination? Important questions for an employer to be clear about - to avoid launching into disciplinary action that will be unfair.

What rights does an employer have to discipline an employee for misconduct outside the workplace? What will be taken into account when an employee commits an offence - or a related crime - outside the workplace? This week Ivan Israelstam explains what factors will be taken into account by the CCMA. 

Ivan Israelstam

Many employers will be able to provide examples of how employees ignore or don't comply with requests or instructions. When does failure to comply with instructions constitute sufficient grounds for dismissal?  This week Ivan Israelstam quotes from actual CCMA cases, where employees have been re-instated. Ivan highlights the challenge employers face - achieving a fair dismissal acceptable to the CCMA.  

Insubordination is generally considered to be a serious offence. That is because it involves a refusal to obey a lawful and reasonable instruction of someone more senior in the hierarchy of the organisation. Refusal to follow the instruction may be seen as undermining the legitimate authority of a manager or supervisor. However this week Ivan Israelstam explains why it is important to consider the circumstances of each specific case before deciding that a dismissal is the appropriate response.

Gross insubordination by an employee may irritate and offend an employer, but before deciding that the actions automatically warrant dismissal enquiry chairpersons should ensure that they consider all circumstances leading up to the event. Ivan Israelstam explains

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