Insubordination In The Workplace: Can You Be Terminated?
Insubordination is more than ordinary workplace conflict. When an employee deliberately refuses a reasonable and lawful direction from their employer, it may cross a legal line and, if serious enough, support discipline or even termination for cause.
But is insubordination automatically grounds for dismissal? What if there was miscommunication, a misunderstanding, or an underlying medical or human rights issue? Ontario courts set a high bar for just cause, and employers must proceed carefully.
This article breaks down what insubordination means under Ontario law, how courts assess these situations, and what both employers and employees should understand before acting.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“When insubordination issues arise, emotions run high and the path forward is rarely clear for employees or employers. Before making a move that could have lasting consequences, speak with an employment lawyer who can help protect your rights and guide you through the uncertainty.”
What Is Insubordination?
Insubordination occurs when:
- An employer gives a clear, reasonable, and lawful instruction
- The employee understands the instruction, and
- The employee intentionally refuses to comply
It must be deliberate, not accidental or due to confusion.
Common Examples of Insubordination
- Refusing to complete assigned work
- Walking out of a meeting or job site without justification
- Using disrespectful, abusive, or mocking language toward a supervisor
- Repeatedly ignoring workplace policies after warnings
- Refusing to follow safety procedures
What Is Not Insubordination?
Not every refusal is misconduct. Examples that usually fall outside the definition include:
- A refusal connected to disability, medical accommodation, or protected human rights
- Miscommunication or unclear expectations
- Good-faith safety concerns under the Occupational Health and Safety Act
- Performance issues unrelated to wilful defiance
- One-off mistakes or misunderstandings
Can Insubordination Be Grounds for Just Cause Termination?
Sometimes, but not always.
Ontario courts consistently state that just cause termination is the most severe consequence in employment law. Because it removes an employee’s entitlement to notice or severance, the threshold is high.
To establish just cause, an employer must show:
- Serious misconduct that undermines the employment relationship
- Proportional discipline, considering the employee’s history and context
- Progressive discipline, where appropriate (warnings, coaching, suspension)
Courts look at the entire situation, not just the refusal itself. A single incident may qualify only if it is exceptionally serious, for example, threatening behaviour, blatant defiance, or actions putting safety at risk.
In most cases, courts expect employers to give clear warnings before terminating for cause.
What Employers Should Do When Facing Insubordination
Employers in Ontario should take a structured, defensible approach:
1. Document Everything
Record:
- What direction was given
- When and how it was communicated
- How the employee responded
- Any impact on safety, operations, or customers
- Witnesses, emails, or written statements
Clear documentation is essential in the event of a future wrongful dismissal claim.
2. Investigate the Context
Before acting, assess whether:
- There was a misunderstanding
- The employee needed accommodation
- The instruction was reasonable and lawful
- The employee has a history of similar behaviour
3. Use Progressive Discipline
Unless the behaviour is extreme, steps may include:
- Verbal warning
- Written warning
- Suspension
- Final warning
Skipping steps increases risk.
4. Seek Legal Advice Before Terminating for Cause
Cause terminations are frequently challenged and often overturned in court.
A lawyer can help you assess the risk and determine the appropriate response.
What Employees Should Know
If you are accused of insubordination, you may have options. Employees can:
- Challenge a just cause termination if it was excessive or unjustified
- Negotiate severance
- File a wrongful dismissal claim
- Assert human rights protections or accommodation needs
- Clarify workplace communication issues
Never assume the employer’s accusation is final. Seek independent legal advice before signing anything.
Frequently Asked Questions (FAQ)
No. A refusal tied to safety, accommodation needs, unclear instructions, or miscommunication is not typically considered insubordination.
Yes, but only in very serious cases involving deliberate defiance, egregious disrespect, violence, or safety risks.
No. Silent refusal, walking away, or ignoring direct instructions can also be insubordination if intentional.
A misunderstanding may defeat an allegation of insubordination. Clarity is critical.
Not usually. However, if management behaves aggressively or abusively when giving orders, it may contribute to a toxic workplace claim.
Facing Insubordination Issues in Your Workplace?
Get Strategic Legal Support.
Managing insubordination requires a balance between protecting your business while respecting legal obligations under Ontario employment law. A misstep can expose employers to wrongful dismissal claims, human rights complaints, or costly litigation.
At Achkar Law, we help employers:
- Assess whether the behaviour qualifies as insubordination
- Apply progressive discipline properly
- Conduct investigations and document decisions
- Determine whether just cause termination is appropriate
- Reduce exposure to legal claims and disputes
Contact Achkar Law
Whether you’re dealing with a single incident or a pattern of concerning behaviour, you don’t need to face it alone.
Take control of the situation today. Contact Achkar Law to speak with an employment lawyer who can help you make informed, defensible decisions.
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. ©