If an employee refuses to take orders or instructions from a employer, the employer can conclude it is an act of insubordination and it can amount to a serious misconduct.
An employee who is willfully disobeys a lawful order from his employer, it can be a serious misconduct, and it could lead to a "summary dismissal".
In a decided case called Intrakota Komposit Sdn Bhd v Kdr (B) Mohamed Bahar Mansor [2001] 1 ILR 523, the Industrial Court were of the view that if an employee willfully disobeys a lawful and reasonable order from the employer that shows a complete disregard of a conditional essential to the contract of service. The employee must obey the proper orders from the employer not to breach the fundamental relationship between both of them.
Example of insubordination which can amount to a misconduct are as follows:-
a) refusal to go on a transfer;
b) assault on a superior;
c) use of bad or offensive languange, etc, etc
Instructions and orders
What if the instructions or orders given by the employer is unreasonable, illegal or not authorised by the law? What can the employee do?
The answer to that question, he must lodge a complaint or raise the grievances to the human resources department or to the labour or industrial department to resolve amicably in a view to maintain industrial harmony in the company.
The instructions must be lawful and reasonable for the employee to perform and it must be realistic.
Ramu
