There is no clear cut answer for whether you can be fired for insubordination or not as it is subjective. Get in touch with Employment Lawyer Toronto if you have been wrongfully dismissed. Here is all that you need to know about dismissal for insubordination.
What is insubordination?
The conscious disobedience of the lawful instructions provided by a superior, which are crucial to the duties performed by you, is regarded as insubordination. There are varying degrees of insubordination like calm but firm refusal to follow the instruction or verbal altercations and violent outbursts. Depending on how you conducted yourself and the reason for insubordination are all to be considered.
In some situations, the employers may act illegally and dismiss the employees for insubordination either without following any proper disciplinary procedure which has been laid down by the law or might be using falsehood and pretexts to terminate the employment.
How you could’ve been insubordinate?
Insubordination gives rise to certain questions like, ‘have I been insubordinate?’ or ‘has the working conditions changed so drastically that the performance of your normal duties has made you insubordinate?’ or ‘does your employer selectively focuses on isolated incidents and has taken them out of context to dismiss you?’ Have you been wrongfully dismissed on the grounds of insubordination? If yes, then contact us. Our employment lawyers will represent you before the adjudicatory boards and clients.
Can you be dismissed for a single instance of insubordination?
According to the Canada Labour Code, one should be progressive in disciplining. Apart from gross conduct, it is one of employers duties to follow a progressive method of disciplining which gives the employee a chance to correct their behaviour. There are typically either verbal or written warnings which would be followed by suspension. Most of the times the employment contract significantly diverges from it, so you need to make sure that you educate yourself about how your employer would proceed when dealing with cases of insubordination.
The employer will begin by giving a verbal warning while being clear about the conduct which is being considered as insubordinate. Corrective actions should be taken. After the first formal disciplinary procedure of verbal warning, a written warning would be issued if there has been a failure to improve the behaviour. If this doesn’t work either, then the last disciplinary step to be taken is in the form of suspension. This severe step shows that dismissal would be the next step if the insubordination continues.
Can you be protected from unjust dismissal?
If you have been working in your place of work for more than 12 consecutive months, then you are protected from unjust dismissal. Though it doesn’t mean that you can’t be dismissed for insubordination.
File a complaint:
A complaint regarding unjust dismissal for insubordination can be filed with the Labour Program, which is a government body responsible for protecting the rights of the employer and employees. An adjudicator will be appointed to resolve the dispute.