Disobedience

Disobedience

Workplace disobedience refers to an employee not following the rules and regulations of their employer. It may also include any laws or acts whose rules may govern the employee’s conduct.

Disobedience is, in most cases, best dealt but through progressive discipline. The only way that a single act of misconduct can be seen as immediate grounds for termination is if it meets all of the following criteria:

·         It is deliberate

·         The employee fully understood what they were doing

·         As a result, there is substantial harm to the employer

Courts are reluctant to find just cause in dismissing an employee whose disobedience is an isolated occurrence. If the court finds that the act of disobedience may have reflected poor judgment rather than true intention to disobey, it will be reluctant to side with the employer (Dooley vs. Philippine Airlines Inc.).

Additionally, if the instructions that an employee is given are vague or unreasonable, breaking them does not constitute grounds for termination nor does it signal the presence of just cause (Cheba v. ED Inc.).

A successful progressive discipline method includes the following steps:

1.       Verbal Warning

2.       Written warning

3.       Suspension

4.       Termination

If after suspension the employee continues conducting themselves in a manner deemed inappropriate, the employer has now built up a record of disciplinary measures leading up to, and may proceed with the next step therein; termination.

Cheba v. Ensign Drilling Inc. (2002) AJ no. 1052; 116 ACWS 93d) 382 (Prov. Ct.).

Dooley v. Philippine Airlines Inc. (1985), 10 OAC 217 (CA).