If you are accused of insubordination at work, your employer may claim they have just cause to terminate your employment immediately, meaning they may argue they can dismiss you without notice or severance pay.
However, insubordination does not automatically justify termination for cause. In this article, we explain the meaning of insubordination, what is considered insubordination in the workplace, and when termination for insubordination may or may not be legally justified.
Important note: The definition and core elements of insubordination are broadly consistent across Canada. However, termination standards, statutory entitlements, and legal remedies vary by province. Where legal consequences are discussed, this article focuses on Ontario law.
What Is the Meaning of Insubordination?
In simple terms: “Insubordination” generally refers to a deliberate refusal to follow a reasonable and lawful instruction from someone with authority in the workplace.
There is no single statutory definition of insubordination in Canada. Instead, insubordination is a concept developed through court decisions. When assessing whether conduct amounts to insubordination, courts generally examine whether:
- There was a clear, reasonable, and lawful instruction;
- The instruction was given by someone with authority over the employee; and
- The employee wilfully or deliberately refused to comply with the instruction.
Courts also consider whether the employee had a reasonable explanation for the refusal, such as safety concerns, illegality, misunderstanding, or conduct outside the scope of their job duties.
This contextual approach is applied by courts across Canada when determining whether alleged insubordination justifies discipline or termination.
Insubordination differs from insolence, which generally refers to disrespectful, abusive, or insubordinate language directed at a supervisor. While insolence may justify discipline, it does not automatically amount to insubordination or just cause for dismissal.
What Are Some Examples of Insubordination at Work?
Examples of insubordination in the workplace may include:
- An employee who refuses to perform a necessary job task when ordered to do so;
- An employee who refuses to come into work;
- An employee’s failure to seek permission to take a leave;
- An employee who refuses to remain on shift; or
- An employee who refuses to attend a medical examination.
What Is Gross or Wilful Insubordination?
“Gross” or “wilful” insubordination generally refers to a deliberate and serious refusal to follow a lawful and reasonable instruction, particularly where the conduct strikes at the heart of the employment relationship.
Canadian courts have consistently held that not every act of insubordination amounts to just cause. To justify dismissal, the refusal typically must be wilful, relate to a matter of substance, and be assessed in its full context, including the employee’s role, length of service, and disciplinary history.
This contextual approach to just cause was confirmed by the Supreme Court of Canada in M. v. BC Tel. Even serious insubordination is subject to a very high legal threshold before just cause will be established.
While courts across Canada apply similar principles when assessing insubordination, the outcome of a termination dispute depends heavily on provincial employment standards and common law.
What Is Not Considered Insubordination?
The following examples are generally not considered insubordination:
- An employee who refuses to perform an action outside the scope of their job duties;
- An employee who misunderstands instructions;
- An employee who refuses to perform an unethical or illegal action;
- An employee who refuses to comply with an order that is not reasonable;
- An employee who refuses to perform an action issued by someone without authority;
- An employee who refuses unsafe work; or
- An employee who does not consent to a change in remuneration.
If you live in Ontario, employees also have legal rights to refuse unsafe work under Ontario occupational health and safety legislation. Learn more about refusing unsafe work from the Ontario government.
If you work in another province or are federally regulated, similar protections generally exist, but the rules, procedures, and remedies may differ. You may wish to consult your province’s occupational health and safety authority or speak with an employment lawyer licensed in your jurisdiction.
If there is a reasonable explanation for the alleged disobedience, termination for insubordination will often not meet the legal threshold for just cause. Canadian courts generally expect employers to consider the employee’s explanation and, where appropriate, attempt corrective measures through progressive discipline rather than immediate dismissal.
Can You Be Fired for Insubordination?
Sometimes, but it depends on the circumstances.
If the insubordination was minor or a single isolated incident, an employer may be required to engage in progressive discipline before terminating the employee with cause. Progressive discipline may include verbal warnings, written warnings, or suspension. Any discipline must be proportionate to the misconduct and aimed at correcting behaviour.
For example, an employee may refuse an instruction because they reasonably believe it is unsafe, unlawful, or inconsistent with their job duties, and explain that refusal to management. Even if the employer disagrees, Canadian courts have held that termination for insubordination in such circumstances will often not meet the high legal threshold for just cause.
In M. v. BC Tel, the Supreme Court of Canada confirmed that just cause must be assessed using a contextual and proportional approach. Courts must consider the surrounding circumstances, including the employee’s explanation, intent, length of service, and disciplinary history, rather than treating a single incident in isolation.
Where an employee’s refusal is not wilful or defiant, and a reasonable explanation is provided, courts generally expect employers to consider corrective or progressive discipline rather than immediate dismissal.
Is Insubordination Grounds for Termination With Just Cause?
No. Insubordination is not automatically just cause for dismissal.
In most cases, employers must show that the conduct was serious, wilful, and part of a pattern, or that progressive discipline was applied and failed. A single act of insubordination will rarely justify termination for cause. To warrant dismissal for one act, the conduct usually must be wilful and relate to a matter of substance.
For example, in F. v. McAleer, a loan manager was dismissed for insubordination after extending loans without required pre-approval. The Court upheld the dismissal because the conduct related to a matter of substance.
By contrast, in W. v. Central Transport, a breach of a workplace alcohol prohibition did not constitute just cause where the employee had a lengthy and positive employment record.
What Constitutes Insubordination in the Workplace?
Whether conduct constitutes insubordination depends on the circumstances, including the nature of the order, who gave it, the employee’s intent, and whether there was a reasonable explanation for non-compliance.
When an Insubordination Allegation Becomes a Legal Issue
Not every accusation of insubordination justifies termination for cause. In many cases, employees are wrongly accused or disciplined in circumstances where dismissal is not legally justified.
You may want to speak with an employment lawyer if:
- You were terminated for insubordination without prior warnings or progressive discipline;
- You refused to follow an order that was unsafe, illegal, unethical, or outside your job duties;
- Your employer labelled conduct as insubordination after you raised workplace concerns or asserted your legal rights;
- You were accused of insubordination following a single incident or misunderstanding; or
- Your employer is alleging just cause to avoid paying notice or severance.
In these situations, the issue may involve wrongful dismissal, termination without cause, or constructive dismissal, rather than true insubordination.
How Performance Improvement Plans (PIPs) Can Relate to Insubordination
In some workplaces, allegations of insubordination arise alongside performance concerns, including the use of a Performance Improvement Plan (PIP). A PIP may be a genuine effort to address performance issues, but in some cases it forms part of a broader disciplinary process that can lead to termination.
If you have been placed on a PIP, it can be important to understand what it means, how it may be used, and how to respond before you sign or submit anything in writing.
Read: Performance Improvement Plan (PIP) – What It Means for Employees
Related Resources
If You Work in Ontario
- Termination Without Cause in Ontario
- Wrongful Dismissal in Ontario
- Constructive Dismissal in Ontario
- Severance Pay and Severance Entitlement in Ontario
If You Work Outside Ontario
Employment standards and termination rights vary by province. While the definition of insubordination is similar across Canada, your legal remedies may differ depending on where you work. Consider reviewing your province’s employment standards legislation or speaking with an employment lawyer licensed in your jurisdiction.
Next Steps
If you were terminated for insubordination or told you were dismissed for cause, it can be difficult to know whether your employer’s position is legally justified.
An employment lawyer can help you assess whether the allegation meets the high legal threshold for just cause and whether you may still be entitled to notice, severance pay, or other compensation.
If you would like help understanding your legal options, contact Monkhouse Law Employment Lawyers to request a free 30 minute phone consultation.