The Difference Between "Insubordination" And "Insolence" In The Workplace

In the workplace all employees are expected to obey the rules imposed on them by their employer and to treat their employer (and co-workers) with respect. Refusing to obey the employment rules undermines the employer's authority. A worker who behaves in this manner would most likely face a misconduct charge of insubordination or insolence.

Whilst both insubordination and insolence has the effect of defiance of the employer's authority, our courts have recognised that there are differences between the two, especially since one is considered more serious than the other.

So let's unpack the differences between insolence and insubordination. Insubordination is when an employee refuses or fails to follow a lawful and reasonable instruction from his employer [or person in authority]. Insubordination is seen as "resistance to or defiance of authority; disobedience, and refusal to obey an order of a superior".

The court will need to be convinced the insubordination was serious, wilful and deliberate and that the employer must produce the proof of such defiance of an instruction. Insolence is when an employee behaves in a disrespectful, cheeky or rude manner towards the employer [or person in authority] or is insulting or contemptuous towards the employer.

An employee who tore up the notes of the chairman at a disciplinary enquiry was found by the Court to have committed an act "gross insubordination". The Court said that it had the effect of disregarding the employers' authority and made a mockery of its disciplinary procedure and that his dismissal was substantively fair.

In another case, an employee who refused to attend to her allocated tasks until her employer attended to her complaints [where she felt she was being treated unfairly], was found guilty of gross insubordination and the Court said that she was clearly in the wrong in her defiance of obeying a lawful instruction.

An employee was previously cautioned by her employer for shouting and screaming at her co-workers was charged with insubordination for raising her voice to the MD of her department in a passageway and within earshot of staff after the MD had instructed her not to address him in that way.

At the arbitration hearing she was found guilty of gross insubordination and dismissed. She successfully challenged the finding in the Labour Court. The Court did not find evidence of gross insolence or gross insubordination and thus set aside the sanction of dismissal.

It said that to dismiss the employee in that case was incongruent and unfair especially as the employer's own code of conduct recommended a written warning for the first offence of insolence, and a final written warning for the second and dismissal was only recommended for the third offence of insolence.

Thus although an employee can be both insolent and insubordinate at the same time, he or she can be insolent without necessarily being insubordinate. A mere disrespect for the employer will not necessarily equate to disobedience or an outright challenge to authority.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving YOU the Power of Attorney. Call 031-5025670 or email fawzia@thelawdesk.co.za for legal assistance at competitive rates.