Professional Documents
Culture Documents
Introduction
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
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
and criminal breach of conduct. The common misconduct behaviour in the workplace
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
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,
manner due to its adverse effect interfering with other functions and flow of the working
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
working, indulging and interfering with other workers job and gossiping are the example
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
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misconduct might arise from stressor that affect their presence to workplace such as
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.
A severe type of misconduct or known as gross act is serious behaviour which may
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
(Lucas, 2017).
orders be known as insubordination in the workplace. Such act at the first place
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Therefore, such act may end up in a disciplinary action of dismissal. Examples of
sense of disrespect shown to higher-ups in the form of vulgar or mocking language and
the employee’s intentional refusal to obey an employer’s reasonable and lawful orders.
job task when ordered to do so and such refusal may cause damage or loss to
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Court has established via many previous decisions that insubordination is capable of
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
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
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
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
the Employee, and the Employee had therefore been dismissed without just cause and
excuse.
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
angry or derogatory e-mails to the superior among others are conducts which constitute
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
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,
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.
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that is illegal, unethical or a violation of company policy would not be considered
insubordination.
away, abusive language, knocking the written instruction or vocal mocking the
instruction of supervisor.
supervisor's level of respect and ability to manage and, therefore, is often a reason for
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
verbally disrespectful is not a requirement here, as simply refusing to punch a time clock
rude and disrespectful behaviors, best described as insolence. These behaviors can
include cursing, verbal or physical intimidation, personal insults, imitating, eye rolling or
insolent behaviors can also affect a manager's level of respect and ability to manage,
show professionalism and respect toward others and may discipline them when they
don't.
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.
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The process of overcoming the issue of insubordination is quite tricky in the sense of
engagement maybe the right terms in describing the efforts of management in dealing
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
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:
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
reference.
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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
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.
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
Post insubordination
Resistance by workers may come in the form of rebellious action and ignorance to the
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Identification of the behaviour is crucial. Neglecting any misconduct behaviour may lead
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
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
resistance of obeying such instruction and yelling vulgar words to supervisors in anger,
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
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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
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
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.
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.
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Giving out instruction to workers is part of supervisor's function not only to distribute the
all instruction will be adhered to by workers without any hesitation. However, the reality
Some of the prevailing issues is the worker might possibly had a personal issue with
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
depending on the severity. In situations where it is less severe and more common, there
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
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
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
Taking the time to evaluate how the situation could have been avoided is a valuable
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
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
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
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.
Tell the employee you have some issues you'd like to discuss with him. Schedule a
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
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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
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
Document each additional insubordination offense the employee commits. Treat the
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example, making threats for physical harm is a more serious offense than, say, refusing
to attend a meeting.
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
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.
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
The act of defiant maybe as a protest to the leadership the supervisors imposed on
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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
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
employees tend to act out against bad bosses who have poor relationships with their
subordinates.
believe their supervisors engage in even worse behavior, so there is typically a cycle of
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
prolong absenteeism by the workers until the problem has been solved amicably. Kaiser
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)
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
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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.
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.
The good and strong bonding and cooperation would serve a better working
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,
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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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Reference
Ali, Ashgar. (October 20, 2019). A Disruptive behaviour at workplace: Can court
https://www.malaysiakini.com/news/496615.
Dhillon, Guru and Ling, Lee Sook (2019). Managing Gross Misconduct, Insubordination
https://harbert.auburn.edu/news/research-employees-often-insubordinate-in-
reaction-to-supervisor-actions.html
Monkhouse Law (May 19, 2020). Insubordination In The Workplace: Can You Be
https://www.monkhouselaw.com/insubordination-and-termination/
Sarwani, Sarwani. (2017). The Effect Of Work Discipline And Work Environment On
10.25139/sng.v6i2.82.
from https://smallbusiness.chron.com/discipline-insubordination-workplace-
17408.html
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