How do you deal with Insubordination????

South African employees are so heavily protected by the constitution, by labour legislation, by the Labour Courts, the CCMA and trade unions that they are often not afraid to defy the employer's instructions.

For the employer the resulting insubordination is a nightmare.

This is especially so where the employer is ill-equipped to deal with insubordinate employees and fails to understand:

• What insubordination really is;
• How it differs from disrespect;
• What a reasonable instruction is;
• When a charge of insubordination is not appropriate;
• How seriously the law views insubordination; and
• How it should be dealt with.

What is subordination?

The Collins Concise Dictionary defines "insubordinate" as "not submissive to authority, disobedient or rebellious".

It is the refusal of an employee to bow to the authority exercised reasonably by the employee's superior.

This could include conduct such as:
• Refusal or intentional failure to obey reasonable and lawful instructions;
• Comments such as "You have no authority over me"; and
• Telling the manager to go and get what he/she wants from someone else.

Insubordination v disrespect

Insubordination applies only upwards and can only be perpetrated by a junior towards a senior. Disrespect, on the other hand, can apply upwards and downwards.

For example, it would be disrespectful for a manager to shout at an employee and tell him/her to "get out of the office".

Disrespect is therefore not necessarily linked to a person's position of authority but can be linked to one's human dignity.

What is a reasonable instruction?

In my view a reasonable instruction is one that:
• The employee is capable of carrying out; and
• Involves a task that is not substantially beneath the employee; and
• Does not infringe the rules of the employer or the laws of the country; and
• Involves a task that truly needs to be done.


For example, if the boss tells the human resources manager (HRM) on a four-day week contract to come in on the weekend to repair the faulty elevator the might be entitled to refuse because the HR manager is being required to carry out a task:

That is completely outside the sphere of the HRM's duties;
Outside of the HRM's capabilities;
Assigned for a time that is not normally worked; and
That, if carried out by the HRM, could result in danger to users of the elevator.
However, telling the HRM to conduct recruitment interviews because the HR officer is in hospital would, in most cases, be both legal and reasonable.

When a charge of subordination is not appropriate

Insubordination is not the same as poor work performance.

That is, poor work performance relates to how badly the employee has performed work or missed deadlines.

While poor work performance can sometimes be wilful there is usually some work that is done, albeit badly, and the poor performance occurs regardless of whether the employee has been given an instruction.

On the other hand insubordination means the employee's refusal to obey a specific instruction whether the instruction relates to work performance or not.

Employers confuse these two concepts at their peril. For example, in the case of Fourie v Capitec Bank (2005, 1 BALR 29), the employee was dismissed for insubordination.

The dismissal decision was influenced by the fact that the employee had previously received a final warning for poor work performance.

The arbitrator found the dismissal to be unfair because these were not two like offences.

Also, an employee might fail to carry out an instruction because:

The equipment used is really faulty;
The employee truly does not have the required skill; and
The employee is genuinely disabled.

These examples do not amount to insubordination because the employee is not refusing to carry out the instruction.

The reason for Human Capacity Management

HUMAN CAPACITY
MANAGEMENT

Salary vs Duties vs Time

Salary
Quantity of Duties
Amount of working hours per day

THIS EQUATION ONLY CALCULATES THE FAIRNESS OF AN EMPLOYEES’ EXPECTED DELIVERY OF HIS/HER JOB.

This not an equation that is supposed to make sense, since there is a missing factor. The factor of value, and not Rand Value.
The value I refer to is the type of value that the company place on the employee and what he represents when dealing with customers / suppliers and fellow employees, when performing his duties. However, the above equation is necessary, especially where the job is not labour intensive and the income is not governed in terms of a Bargaining Council as an hourly rate or dependant on the completion of a job or specific task.
Where there are no measurable factors such as sales in terms of volume and quantity as an expected norm, then the value of quality and representation become the very necessity that you require from your staff.
If you are able to answer the following questions without hesitation, then you don’t have a problem.
1. Do you know how much time they spend actually working?
2. How would you know this?
3. What is the difference between job titles and job descriptions?
4. Does your staff know why it is important for them to have tasks completed?
5. Does your staff understand your business?
6. Do they know what’s keeping you in business ultimately keeping them employed?
7. Do they know where and how the business makes its money?
8. Do you think they will behave more responsibly if they do know the answer to the three questions above?

If salaries were coupled to duties as opposed to job titles, business development, sales and the delivery thereof would be a lot more effective.
So, what does all this mean to you and how would this help your business?
What we put in place will eliminate a written progress report and you will never have to worry about what your staff gets up to in your absence.
If the numbers are up or the job got done, the desired result has been achieved.