Insubordination at Work in British Columbia Explained
Insubordination is a frequent source of workplace conflict in British Columbia. Employers may view it as defiance or refusal to follow instructions, while employees may believe they are exercising legitimate rights or raising reasonable concerns.
Under BC law, not every refusal or disagreement amounts to insubordination, and not every act of insubordination justifies termination for just cause. Courts assess these cases carefully, focusing on context, intent, and proportionality.
This article explains how insubordination is treated under British Columbia legislation and common law, with practical examples and leading BC cases.
📍 Not in BC?
If you’re an employee or employer in Ontario, the law works differently. See our Ontario-specific article about insubordination at work.
What Is Insubordination in BC?
In British Columbia, insubordination generally refers to an employee’s willful refusal to follow a lawful and reasonable instruction given by someone with proper authority, or conduct that openly defies or undermines managerial authority.
Courts look at whether the conduct:
- Was deliberate and intentional
- Related to a lawful and reasonable workplace direction
- Undermined the employer’s ability to manage the workplace
- Damaged the employment relationship
🔑 Key point:
Insubordination is not disagreement. It is defiance without lawful justification.
Common Examples of Insubordination
BC courts have found the following conduct may amount to insubordination, depending on context:
- Repeated refusal to perform assigned duties
- Ignoring direct instructions from a supervisor
- Openly challenging authority in a disruptive or disrespectful manner
- Using abusive, threatening, or insubordinate language toward management
- Defying workplace policies after clear warnings
📝 Example
A supervisor instructs an employee to complete mandatory reports. The employee refuses, states they “won’t take orders,” and continues to ignore the directive despite warnings. This behaviour may constitute insubordination.
What Is Not Insubordination
Lawful Unsafe Work Refusals
Under the Workers Compensation Act and WorkSafeBC policies, employees have the right to refuse unsafe work provided they follow the proper refusal process. Exercising this right is not insubordination.
Human Rights, Protected Conduct
An employee is not insubordinate if refusing a direction that would violate the Human Rights Code, such as:
- Denial of disability accommodation
- Discriminatory scheduling or duties
- Failure to accommodate family status or religious needs
Unlawful or Improper Orders
Employees are not required to follow instructions that are illegal or clearly outside the scope of their job.
Respectful, Reasoned Disagreement
Employees may raise concerns, ask questions, or propose alternatives without being insubordinate, provided this is done respectfully and in good faith.
Can Insubordination Justify Termination for Just Cause?
Yes, but only in serious cases.
BC courts apply the contextual and proportionality analysis confirmed by the Supreme Court of Canada in McKinley v. BC Tel, 2001 SCC 38.
Misconduct is assessed in light of:
- The seriousness of the behaviour
- The employee’s role and responsibilities
- Length of service
- Prior disciplinary record
- Whether trust has been irreparably damaged
- Whether corrective discipline was attempted
Even serious misconduct does not automatically justify dismissal. Termination for just cause is reserved for conduct that fundamentally breaks the employment relationship.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Insubordination can put both employees and employers in a difficult position, with serious legal implications. Seeking legal advice early can help clarify rights and responsibilities and prevent unnecessary conflict in the workplace.”
Leading BC Cases on Insubordination
McKinley v. BC Tel, 2001 SCC 38
A foundational BC case confirming that dismissal for cause requires proportionality. Courts must assess misconduct in context, not apply a zero-tolerance approach.
Kokilev v. Picquic Tool Company Inc., 2010 BCSC 1412
The BC Supreme Court held that strong criticism and workplace conflict did not amount to just cause. Insubordination requires more than personality clashes or disagreement.
Panton v. Everywoman’s Health Centre Society, 2000 BCCA 621
The BC Court of Appeal emphasized that cumulative conduct and context matter when assessing insubordination and discipline, particularly where employment relationships are strained.
What Employers Should Do When Facing Insubordination
BC courts expect employers to act carefully and proportionately.
Best practices include:
- Confirm the instruction was lawful and reasonable
- Investigate before disciplining
- Apply progressive discipline where appropriate
- Clearly document instructions, warnings, and responses
- Be alert to WorkSafeBC refusal-of-work obligations
- Seek legal advice before alleging just cause
Termination without attempting corrective discipline may expose employers to wrongful dismissal liability unless the misconduct is extreme.
What Employees Should Know
- You are generally required to follow lawful and reasonable instructions
- You may refuse unsafe work under WorkSafeBC rules
- Human rights protections may justify refusal in some cases
- Disrespectful or aggressive communication can undermine otherwise valid concerns
- Long service and a clean disciplinary record often weigh against just cause
Final Thoughts
Insubordination in British Columbia is not about silencing employees. It is about balancing managerial authority with legal rights and workplace fairness.
Courts carefully assess whether an employee’s conduct truly destroys the employment relationship or whether discipline short of dismissal was appropriate.
Need Legal Advice About Insubordination in BC?
Whether you are an employer managing a difficult workplace issue or an employee facing discipline or dismissal, early legal advice is critical.
An employment lawyer can help you assess risk, understand your rights and obligations, and avoid costly legal mistakes.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©