Insubordination

Introduction

Integrity and professionalism must be part of individual characteristics of workers in any

organization. Obedience and follow the instruction given by superior need also to be

observed by all workers in a workplace. There are rules and regulations which need to

be observed by all workers regardless the working sector they belong to. Every workers

must not involve with any activities which will severely affect their own life, the life of

other people and affects their own reputation and the reputation of the organization

which they belong to like getting involve with. The negative effects generated from

misconduct behaviour not only affect the individual personality, it also spill over and

encroach into other co-workers convenience and peaceful environment.

The act of misconduct can be understood as improper conduct. The improper conduct

refers to behaviour that’s inappropriate for the workplace. It also had an adverse impact

of working perimeter, environment and co-worker. The act of misconduct can be

categorized from a minor issue such as absenteeism to a major issue of insubordination

and criminal breach of conduct. The common misconduct behaviour in the workplace

are breach of confidentiality, absenteeism, insubordination, sexual harassment, bullying

and unethical relationship. Minor type of misconduct can be corrected through training

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and face-to-face interactions, while the major misconduct may lead to immediate

suspension or in the worst case scenario a termination of service.

Misconduct behaviour at workplace can be divided into two namely general misconduct

and gross misconduct. A general misconduct can be solved by individual worker whist

the later may lead to a disciplinary action which usually result in a termination (Dhillon,

2015). Misconduct behaviour is prescribed as inappropriate and unacceptable in

manner due to its adverse effect interfering with other functions and flow of the working

events. The behaviour of misconduct comprise of and not limited to a demeaning

conversations and communications, the use of vulgar language as a sign of

disrespectful to other individual, cursing, yelling, screaming, shouting in anger and

belittling. The act of throwing objects at others, waving arms or fists and harassment are

also included in the definition of misconduct behaviour. Taking advantage, bullying and

any act of intimidating succumb within the perspective.

Holding an unauthorized meetings at organization building, excessive chatting while

working, indulging and interfering with other workers job and gossiping are the example

of misconduct at workplace. In some cases, intervention with the internal investigation

or even tampering the exhibits of investigation can be classified as misconduct

behaviour which are totally unacceptable.

Misconduct behaviour may take in the form of confidentiality breaches such as leaking

organization secrets to competitors and business rival. In addition, refusal to follow legal

instruction or insubordination, theft and unethical relationships like having an affair in

workplace which eludes to favoritism and harassment and discrimination such as

bullying and sexual harassment as well discrimination and intimidation. Other

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misconduct might arise from stressor that affect their presence to workplace such as

stress and burnout.

Managing misconduct behaviour is crucial to manage the reputation of the organization.

Sexual harassment at work place is a serious offence violating the rules and procedures

as well as crossing the private freedom of other workers and safety violation.

2. Insubordination as a misconduct behaviour.

A severe type of misconduct or known as gross act is serious behaviour which may

warrant to immediate suspension and termination or in a legal term as dismissal. The

consequences of committing a gross misconduct is employee may face termination

from employment without notice or any compensation in lieu even for a first time. Even

though the termination process may look easy even it is justifiable for termination of

contract, firing a worker may lead to an employment legal suit against the company and

the company may be liable to pay out huge sum of compensation proven of deemed to

be without a strong legal justification (Mohamed & Baig, 2009). According to Dhillon

(2015), it is vital for workers to follow rules and procedures, document all evidence and

state the company's standard policy for gross misconduct dismissal. The main source of

reference would be the employee handbook. The document shall have a clearly defined

misconduct behaviour clause that described or considered a gross misconduct offence

(Lucas, 2017).

Employee's intentional refusal to follow or adhere to employer's lawful and reasonable

orders be known as insubordination in the workplace. Such act at the first place

undermine the authority of supervisor's, respect and ability to manage workers.

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Therefore, such act may end up in a disciplinary action of dismissal. Examples of

insubordination include among other any refusal to obey commands of a supervisor, a

sense of disrespect shown to higher-ups in the form of vulgar or mocking language and

directly questioning or mocking management decisions.

Insubordination can be described as refusal and ignorance. It can be described also as

the employee’s intentional refusal to obey an employer’s reasonable and lawful orders.

There are three elements that constitutes the meaning of insubordination:

1. There is a clear reasonable and lawful order;

2. The order is given by a person in authority; and

3. The order is intentionally disobeyed by the employee.

Insubordination differs from insolence, which is an employee’s derisive, disrespectful, or

abusive language, generally directed at a superior such as a manager or supervisor.

Examples of insubordination include an employee who refuses to perform a necessary

job task when ordered to do so and such refusal may cause damage or loss to

organization in term of time, unfinished jobs and financial implications to the

organization. Absenteeism due to an employee who refuses to come into work moght

be included under the definition of insubordination. 

According to Monkhouse Law (May 19, 2020), insubordination is where an employee

wilfully disobeys or ignores an employer’s legitimate instructions. Malaysia’s Industrial

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Court has established via many previous decisions that insubordination is capable of

being a serious misconduct which is sufficient to destroy the employment relationship

and justify a dismissal.

However, as is the case for employee misconduct in general, not all instances of

insubordination will amount to just cause for an employer to dismiss an employee. The

Court of Appeal considered this issue in Ngiam Geok Mooi v. Pacific World Destination

East Sdn Bhd [2016] 6 CLJ 395.

The appellant had been employed by the respondent for 20 year period without any

disciplinary cases in hand prior to the actions which led to her dismissal by the

Employer.

The Employee applied for reinstatement at the Industrial Court but the court found that

the Employee was indeed guilty of insubordination. However, the Industrial court held

that the termination was too harsh and instructed the Employer to pay compensation

and back wages to the Employee. The Employer then filed an appeal to the High Court

for a judicial review of the Industrial Court’s decision, and the High Court allowed the

application and quashed the award of the Industrial Court. Subsequently, the Employee

made an appealed to the Court of Appeal.

The Court of Appeal stressed the importance of the principle of proportionality, which

required the court “to strike an effective balance between the severity of an employee’s

conduct and the sanction imposed”.

The Court pointed out the well-settled position in Malaysia that the Industrial Court has

jurisdiction to substitute its own view regarding the quantum and/or degree of

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punishment imposed by an employer on an employee. The Court of Appeal held that by

applying the proportionality test, the Employer’s decision to dismiss the Employee was

unduly harsh and grossly disproportionate to the gravity of the misconduct committed by

the Employee, and the Employee had therefore been dismissed without just cause and

excuse.

3. Explain the characteristics of the insubordination behaviour.

The term in explaining the character are mainly refusal, withholding, denying and

turndown to any instruction given? Being disrespectful to one’s superior, defying his

authority, exhibiting outbursts of anger and frustration towards the company's

management, engaging in sarcastic communications with a hostile tone and sending

angry or derogatory e-mails to the superior among others are conducts which constitute

misconduct which could lead to disciplinary of insubordination sanctions. 

Apart from affecting the cordial relationship between the employee, his superior and co-

workers, such behaviour may result in the delivery of poor service to clients and in

certain instances, could even result in damage to the employer’s property.

Lastly, a refusal to carry out an order may result from a misunderstanding of instructions

or a fear of unsafe work. However, under a certain circumstances of instruction per say,

the Occupational Safety and Health Administration protects workers who refuse to

perform work if they believe in good faith that performing the work would put employees

in imminent danger or the intention of such instruction has hidden mala fide intention.

As far as legal interpretation on employee's refusal on the grounds of to do something

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that is illegal, unethical or a violation of company policy would not be considered

insubordination.

4. Factors contribute to insubordination behaviour.

The characteristics present in insubordination would be a willful, verbal refusal of

instructions, willful disregard of management authority, disrespect, rudeness,

rebelliousness or disobedient gestures, manner or attitude, dismissive gestures, walking

away, abusive language, knocking the written instruction or vocal mocking the

instruction of supervisor.

Insubordination in the workplace refers to an employee's intentional refusal to obey an

employer's lawful and reasonable orders. Such a refusal would undermine a

supervisor's level of respect and ability to manage and, therefore, is often a reason for

disciplinary action, up to and including termination.

According to SHRM, there are three factors in determining insubordination:

1. The employer gives the order.

2. The employee acknowledges the order.

3. The employee refuses to carry out the order.

The order itself may take the form of a verbal directive, written instructions, and duties

as described in a job description and even an implied set of duties where no formal job

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description exists. Employee acknowledgments can be verbal, non-verbal (nodding) or

even the acceptance of a job offer.

An employee's unwillingness to carry out a directive can manifest itself as a verbal

refusal, a nonverbal refusal or an unreasonable delay in completing the work. Being

verbally disrespectful is not a requirement here, as simply refusing to punch a time clock

when directed to do so will constitute insubordination.

Employer policies prohibiting insubordination often go beyond disobedience to include

rude and disrespectful behaviors, best described as insolence. These behaviors can

include cursing, verbal or physical intimidation, personal insults, imitating, eye rolling or

mocking, as well as speaking loudly or argumentatively in front of others. Over time,

insolent behaviors can also affect a manager's level of respect and ability to manage,

thereby enmeshing insolence and insubordination. Employers can expect employees to

show professionalism and respect toward others and may discipline them when they

don't.

In addition, when addressing insolent or insubordinate behavior, the employer should

consider the culture or circumstances in which an incident took place. For example, if

cursing is common "shop talk" in the workplace, the employer would need to consider

whether the language used by the employee was unusual enough to be considered

abusive.

5. Explain how the company overcome that problems.

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The process of overcoming the issue of insubordination is quite tricky in the sense of

distinguishing between insubordination and insolence. Insubordination interventions and

engagement maybe the right terms in describing the efforts of management in dealing

with insubordination cases.

In normal circumstances, workers will stick to their employment and supervisor really

want workers to continue with their job with instructions. Organization needs talent and

resources in managing jobs as well maintaining its business sustainability. However,

there are cases of legitimate clashes of ideas and personalities which can make this

difficult. Sometimes, employers may abuse its power in instructing workers to do what

they should not do or perhaps carrying out illegal and unethical and morally wrong

actions.

In this case of prevalent, prevention and intervention are the key words to overcome this

problem at the first place. Employers through Human Resources Department may:

Prior to the Incidents:

i. Set clear boundaries

Setting a limit or boundaries will clear unscrupulous action at the first place. If the

management inform employees on the limits at the beginning, they know what they

need to do, and conflict doesn’t arise as often. This can be published through

organizations Code of Conduct and Terms of Employment as source documents for

reference.

ii. Listen to your employees.

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Listening to the problems is the wisest decision on the part of employer in finding fact of

the root cause. In many cases, insubordination results from a genuine disagreement

over what the right action is. If you have an open relationship with your employees and

listen when they say, they will very much appreciated.

Additionally, if the supervisor insist on the instructions are the right one, then it should

follow by a good explanation and should provide reasoning behind such order.

iii. Strictly obey laws and ethical standards.

In the case that employees felt that their employers were not following proper safety

guidelines then on the part of employers would say there was much more going on than

the employee objecting to the safety guidelines. If the employer had focused on

following the health department guidelines, the employee wouldn’t feel the need to

rebel. Therefore, as employers to worker should at all times adhere to the prescribed

law, rules and regulations.

Post insubordination

Resistance by workers may come in the form of rebellious action and ignorance to the

instruction. In discharging duty as supervisor, there are circumstances where there is a

strong rejection to adhere to guidelines and rules by workers. The occurrence of

insubordination behaviour may be mitigated through the following steps:

i. Identify the behavior immediately.

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Identification of the behaviour is crucial. Neglecting any misconduct behaviour may lead

into another insubordination misbehavior. Ignoring such behaviour reflected the

instruction given as merely suggestion rather than instruction or rules to be adhered to.

This does not mean that supervisor need to control everything. As the function of

supervisors is concern, giving out a crystal clear instruction and attend to queries are

sufficient to fulfill the obligation. Supervisors need not to interfere with privacy of

workers. As long as the instruction is clear and explicit instructions and there are

objections, it should be addressed accordingly.

ii. Issue and consequences.

Distinguish whether such action may fall under insubordination or just insolence. For

example locking the gate 10 minutes after the stipulated time be considered

insubordination? It does not justify insubordination as the late closure maybe cause by

workers car queuing at the gate to get out from the compound due to traffic jam at the

junction near the gate. The matter shall be look upon a critical or non-critical

perspectives. In another instances, switching off all electrical appliances after work is

mandatory to avoid any hazard. If the worker purposely ignore the instruction, it may

lead to a penalty or disciplinary action. If the worker demonstrates aggressive

resistance of obeying such instruction and yelling vulgar words to supervisors in anger,

the action may justify insubordination.

In the case of egregious behavior exist, immediate punishment must be exercised. For

example, if an employee give wrong advice or purposely cheating the customer, a quick

reprimand or notice of suspension will be deemed necessary.

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iii. Documentation Process

Action without proper documentation is useless. All processes must be properly written

and documented. Most of the small matter was not reported in the occurrence book by

supervisors as they believe it is just a small matter until they have serious resistant then

revert to recording and documentation. All particulars or incident should be recorded

and documentation in the log prior to any big incidents happened. Every dismissal

action needs a thorough examination of records and documents of the worker prior to

establishment of insubordination cases. Proper documentation serve as evidence to

protect supervisors at the court hearing if there is any. Documentation on the behavior

will secure a testimony. Therefore, all documents must be kept safe and proper filing.

Consult Human Resource Department in case supervisor needs assistance.

iv. Fair and act neutral.

Both employers and employees are human. However, some supervisor practices

favoritism among their subordinates. There must be a single standard practices when

comes to insubordination cases. Prior to any action taken, supervisors must be neutral

and investigate the matter in a fair and justly manner especially involving a less

favourite subordinate. Being reasonable and fair, it is essential to keep the workers

dignity and integrity of an employee morale high thus establishing trust and confidence.

A fair manager is a good one to trust.

6. What type of training or courses to treat insubordination problems?

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Giving out instruction to workers is part of supervisor's function not only to distribute the

workload but to give a clear instruction to subordinate workers. In normal circumstance,

all instruction will be adhered to by workers without any hesitation. However, the reality

of managing supervisor’s role is quite tough whenever there is a resistant in accepting

instruction given. In some cases, worker would demonstrated a disagreement and

display a protest of insubordination or the willful refusal to do what a supervisor asks.

Some of the prevailing issues is the worker might possibly had a personal issue with

direct supervisor and refuse to listen and obey instruction given.

One of the most challenging times as a team leader is dealing with difficult situations,

such as dealing with insubordination. No matter how many preventative measures you

or your organization may have taken or policies in place, insubordination can happen

since you can’t control the behaviors of others.

Insubordinate behavior is basically on a spectrum that can have various consequences

depending on the severity. In situations where it is less severe and more common, there

are four steps supervisor should follow.

i. Evaluate the situation

In the scenario of an employee refuses to perform an order, it is best to evaluate the

role of leader/ supervisor. For example, was the order you gave clear? Was the staff

member aware that they were receiving a direct order? Or could the supervisor’s

delivery have been misinterpreted as a suggestion? If so, this is not insubordination,

and supervisor should take responsibility for the actions or contributions to the outcome.

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ii. Calm and have face-to-face conversation with the employee

Having a conversation with the employee right away is the best next step. Set up a one-

on-one meeting to hear their perspective, clear up any misunderstandings, and if it was

purely a misunderstanding, ask them for honest and constructive feedback on your

delivery, so it does not happen again in the future.

iii. Take further action if needed

At this point, if the supervisor identify that the situation was indeed a failure to perform

an order or duty or suspected the employees are under substance influence, it is best to

end the conversation there and bring the matter to the management team. They will

advise on the next steps and consequences for this situation which could range from

documentation of their employee file, a written warning, or termination.

iv. Reflect and find ways to minimize recurrence

Taking the time to evaluate how the situation could have been avoided is a valuable

step to mitigate it happening in the future. This practice is commonly referred to as a

post-mortem or retrospective. It is a chance to dig deeper into why things happened the

way they did and brainstorm solutions. In the case of insubordination, ask questions

like, are there new policies that need to be outlined in the employee handbook? Is

training or a workshop required for employees? Would taking part in a leadership

development program that develops the skills you need to speak with clarity and

delegate effectively help avoid another instance like this from happening again?

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In the case of perceived severe insubordination, the supervisor should follow the

prescribed process such as:

i. Documentation Process

Make copies of any documentation that shows the issuance, understanding and receipt,

scope, and purpose of the orders the employee refused. The documentation must show

that the order provided posed no physical threat to the employee and did not violate

current local, state or federal laws.

ii. Code of Conduct Handbook

Obtain and review a copy of the company handbook to assess what disciplinary course

you should follow. The handbook should outline not only what disciplinary action is

acceptable but also how to document it and to whom supervisor should report the

discipline.

iii. Let employees know the Issue

Tell the employee you have some issues you'd like to discuss with him. Schedule a

meeting at a time that is convenient for both of you.

iv. Closed Discussion

Meet with the employee privately. Point out some positive traits the employee has

demonstrated or things he has achieved on the job. State that you are concerned that

recent behavior is not in line with what the employee usually does and that the behavior

is insubordinate. Use your documentation to make your point.

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v. Gaining the insights of the story

Independent party needed in gaining the insights of the issue. The appointment of

mediator in this should be agreed upon both parties to avoid biasness along the

process. Motivate the employee to explain his side of the story about why he refuse to

obey instruction which may lead to insubordinate. He might not have realized his refusal

would be viewed as insubordination, or he might have had genuine concerns about the

consequences following through on the order might have had.

vi. Clarification

Clarify any misconceptions the employee had that contributed to the insubordination.

Provide the employee with the opportunity to follow through on the original order.

vii. Review

Review the current disciplinary policies with the insubordinate employee. Point out the

negative impact insubordination has, such as the fact it undermines the authority given

with other employees. Tell the employee on the enforcement of the disciplinary actions

if the behavior does not change.

viii. Documentation of Findings

Document each additional insubordination offense the employee commits. Treat the

meeting as a primary warning, and apply disciplinary actions as appropriate for

subsequent offenses. Depending on the severity of the insubordination, it is possible the

supervisor shall propose a termination if it is severely affect the organization. For

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example, making threats for physical harm is a more serious offense than, say, refusing

to attend a meeting.

7. How employees response.

Insubordination is a disobedient behavior that intentionally exhibits a defiant refusal of

authority. The reaction may be in the form of silence due to unprecedented protest

against the supervisor’s instruction fearing that if they open up their mouth it may end

up a words of war between both employees and his immediate supervisor.

Some might have their anger vocalizing disapproval to such instruction due to the

instruction perceived as unethical and illegal in nature. For example, the instruction of

buying a lottery ticket which against dome of the religious values by an individual

worker.

The reaction of employees depends on the characteristics of an employee’s himself as

well as the content of instructions by supervisor. An aggressive employees by utter a

harsh words to the supervisors but some would like be in silent mode. The main issue is

how the supervisor treat the employees in humanity or in such cases treating the

employees like an animal that followed everything without consent. In addition the

supervisors should at the first place consider the types of relationships that they are

building with fellow employees and gain trust.

The act of defiant maybe as a protest to the leadership the supervisors imposed on

them which sometimes in tolerable in certain circumstances.

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According to a research by Joe McAdory (2020), employees modified their behaviour

accordingly if they perceived that their supervisors are high performers and engaged

differently if the supervisors are too bossy or under achiever type of supervisor. The

employee’s behaviour can be modified according to immediate supervisors leadership.

One common things in an organization culture is that an employee can tolerate bad

bosses if they think their bosses can leverage their high levels of performance in

providing necessary resources and opportunities for their subordinates. However,

employees tend to act out against bad bosses who have poor relationships with their

subordinates.

Insubordination is the willful violation of supervisory authority, which means that it is

ultimately the employee’s responsibility. However, insubordinate employees likely

believe their supervisors engage in even worse behavior, so there is typically a cycle of

bad bosses and insubordinate employees retaliating against one another.

8. What the company can get benefits to overcome that problems.

The main benefit to organization when the issue of insubordination been solved in an

amicable, tolerable and diplomatically manner are the much needed productivity that

contributes to the sustainability of the organization. Gaining back its talent or full force

manpower is thee positive relief for organization. One of the strategic objectives of

organization is to maximize profit and this can only be achieved by optimizing the use of

human resources.

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In order to achieve optimization, the organization should implement measures to

manage and control insubordination that possibly derive from unclear direction or

instruction. Efforts such as maintaining effective communication is the key to abolished

grievances amongst workers in gaining cooperation’s. Insubordination may lead to a

prolong absenteeism by the workers until the problem has been solved amicably. Kaiser

(2018) emphasizes that absenteeism can be effectively managed by creating what he

refers to as the “moral attendance climate” in an organization. This climate is evident

when there is provision for discretionary absence and when there is an understanding of

acceptable levels of employees show up for duty even when ill. In this climate,

employees exhibit high levels of trust and interdependence and are motivated to do

what they believe is the right thing. Another contribution to a positive environment at

work, as reported by Bayram and Burgazoglu (2020), is that of occupational health and

safety training, workplace health programs and implementing measures to combat high

employee stress levels (Leonard, 2016; Mat, Mohd, Mohd, Wan & Muhamad, 2020)

9. What the employees get benefit from that treatments.

On the part of employees, they still retain their job in the organization as the source of

income with a new positive vibes and motivation to support their families amidst

problems that they are facing. In an open and honest communication in clarifying issue

would alleviate and boost their morale. Clearance of ambiguity may lead to a good

relationship between employees and supervisor thus increase teamwork in achieving

organizations aspiration in a good cause.

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In line with new motivation, they can improved their productivity and might possibly

enjoy the benefits of incentive pay, bonus and other reward that the organization might

offer. In addition, the might be promoted to a higher position with benefit and other

perks of employment.

10 Your recommendation and suggestion.

In my opinion, the most critical root cause is the relationship between workers and

supervisors. The instruction must be clear, legal and according to norms and values.

This is to avoid misunderstanding on the part of workers receiving instructions.

The good and strong bonding and cooperation would serve a better working

environment in accomplishing task given as responsibility for workers to adhered to and

facilitates the functions of supervisors in monitoring productivity for the benefit of

organization.

11. Conclusion.

Managing workers under all circumstances is not an easy task. Human behaviour might

differ from one to another due to personnel traits. Leading a team isn’t that easy,

primarily when insubordination occurs. It is the responsibility of supervisors to ensure

good working relationship between employees with a clear instruction to avoid

misunderstanding and reaching mutual agreement carrying out duties as workers

answerable to the management of organization.

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Precisely, embrace good relationship if supervisors don’t want his or her insubordinate

employees to derail from the team’s morale and performance, then as difficult as it may

be, it is best to immediately take the four steps of evaluate the situation, keep calm and

posture, take further action if necessary and reflection as outlined earlier in this paper

and then, if necessary, loop in the human resources department for guidance and

assistance.

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