In the province of British Columbia, employment relationships are governed by a combination of common law principles, the Employment Standards Act (ESA), and—where applicable—collective agreements or employment contracts. Among the grounds for dismissal, “insubordination” is one of the more complex and contentious, frequently leading to disputes between employers and employees. This article explores what constitutes insubordination, when it may justify termination (either with or without cause), and how such terminations are treated by courts and tribunals in British Columbia.

What is Insubordination?

Insubordination refers to the intentional refusal of an employee to obey the lawful and reasonable orders or instructions of their employer. It is generally considered a form of misconduct that strikes at the heart of the employer-employee relationship—particularly the principle of managerial authority. Examples of insubordination may include:

• Open refusal to perform assigned tasks.
• Disrespectful or abusive language directed at supervisors.
• Repeated non-compliance with company policies or protocols.
• Willful disregard for safety instructions or workplace procedures.

However, not all acts of defiance or disagreement qualify as insubordination. An employee’s right to express concerns, question unsafe instructions, or exercise statutory rights (e.g., under WorkSafeBC or human rights legislation) is protected and should not be confused with insubordination.

Termination for Cause vs. Without Cause

In British Columbia, employers may terminate an employee in one of two ways:

1. Termination Without Cause
   This occurs when an employer ends the employment relationship for business reasons or any other reason that does not amount to serious misconduct. In such cases, the employer is legally required to provide:
   • Reasonable working notice, or
   • Payment in lieu of notice (severance), as required under the ESA and common law.
2. Termination for Cause
   Dismissal for cause is the employment law equivalent of capital punishment. It means the employee committed misconduct so severe that the employer is justified in ending the relationship immediately, with no notice or severance.

Insubordination may justify dismissal for cause, but only if it is sufficiently serious.

Legal Threshold for Termination for Cause Due to Insubordination

Courts in British Columbia have consistently held that the threshold for establishing just cause is high. One act of insubordination—particularly if it is isolated or minor—is rarely enough to justify summary dismissal. Rather, the employer must demonstrate that the insubordination:

• Was willful and deliberate,
• Violated a fundamental term of the employment relationship,
• Caused significant harm to the employer’s interests, and
• Followed prior warnings or progressive discipline (in many cases).

In Dowling v. Ontario (Workplace Safety and Insurance Board), the Ontario Court of Appeal outlined a contextual approach (i.e. all relevant circumstances, including the nature and extent of the misconduct) in deciding whether the misconduct was sufficiently serious that it gave rise to a breakdown in the employment relationship.

Progressive Discipline and Procedural Fairness

Before proceeding to dismissal for cause due to insubordination, employers are expected to implement progressive discipline. This may include verbal warnings, written warnings, suspensions, and performance improvement plans.

Failure to follow a clear and documented disciplinary process can undermine an employer’s position in a wrongful dismissal claim. Courts are generally reluctant to uphold a for-cause termination if it appears reactionary, inconsistent, or disproportionate.

Insubordination vs. Protected Conduct

Employers must tread carefully when considering discipline for what appears to be insubordination. If the employee’s behavior relates to protected conduct—such as raising safety concerns, asserting rights under the Employment Standards Act, or engaging in union activities—then any adverse action could constitute a reprisal or violation of statutory protections.

For example:

• Refusing to work in unsafe conditions is protected under WorkSafeBC regulations.
• Requesting maternity leave or medical accommodation cannot be deemed insubordination.
• Filing a harassment complaint is a protected right, not a defiant act.

Best Practices for Employers

To reduce the risk of wrongful dismissal claims:

1. Establish Clear Policies: Ensure job expectations, codes of conduct, and disciplinary policies are well-documented and communicated.
2. Maintain Detailed Records: Document all instances of insubordination, including witness accounts and previous warnings.
3. Apply Discipline Consistently: Treat similar cases in a similar manner to avoid claims of discrimination or arbitrariness.
4. Use Progressive Discipline: Provide employees with a fair opportunity to correct behavior before escalating to termination.
5. Seek Legal Advice Before Dismissal: Consult with employment counsel when considering a termination for cause, particularly in borderline cases.

Rights and Remedies for Employees

Employees who believe they were wrongfully dismissed for alleged insubordination may:

• File a complaint with the BC Employment Standards Branch (if eligible under the ESA),
• File a claim with the BC Human Rights Tribunal (if discrimination is suspected), or
• Pursue a civil claim for wrongful dismissal in the Supreme Court of British Columbia.

Remedies may include, among others, damages for reasonable notice and compensation for mental distress (in rare cases).

Conclusion

Termination for insubordination in British Columbia is a legally sensitive area that must be handled with care. While employers have the right to enforce workplace standards and discipline misconduct, dismissal for cause must meet a high threshold. Employees, in turn, should understand their obligations to follow lawful instructions but also know their rights when facing unfair treatment.

Whether you are an employer seeking guidance on managing misconduct or an employee concerned about your dismissal, consulting with an employment lawyer can provide clarity and ensure your rights and responsibilities are protected.

At Pax Law Corporation, we assist both employers and employees with navigating employment disputes, disciplinary actions, and wrongful dismissal claims. Contact us today for a confidential consultation.