Insubordination? Serious misconduct? Here’s how to navigate these challenges

Managing people is one of the most rewarding and challenging aspects of leadership. It isn’t a failure of a business to have insubordinate employees, and most are content to come to work, take instructions, and follow company values and policies.

However, in every organisation, there’ll always be those who take issue with a task or direction, or feel that a company policy isn’t one they have to follow. Dealing with these employees and ensuring that the behaviour doesn’t occur again or worsen can be difficult and comes with risk.

Here, we explain the details of insubordination and serious misconduct and share practical tips and strategies for navigating these issues confidently.

What is insubordination and serious misconduct?

Before you can address misconduct or insubordination, it’s critical to define what these terms mean and to include this definition in company policy or other employment documents.

Insubordination typically refers to a direct refusal to obey a lawful and reasonable order from a manager or behaviour that shows open disrespect for authority.

Insubordination, depending on its seriousness, can be considered either misconduct or serious misconduct. Serious misconduct also includes actions like theft, harassment, violence, or wilful or deliberate violations of company policies that are inconsistent with the continuation of an employee’s contract of employment.

Look for the warning signs and document everything

Insubordination and serious misconduct don’t usually come out of nowhere. Managers should be vigilant about addressing what may seem like small issues of disgruntlement with colleagues or company processes before they snowball into issues that require formal investigation.

At this stage, documenting all conversations, meetings, and outcomes is crucial to ensure all parties are clear on what has occurred and for your own protection if processes or decisions are challenged.

Don’t wait to investigate

When faced with serious misconduct or insubordination allegations, swift action is crucial. This involves taking immediate steps to gather all relevant information to ensure a comprehensive and impartial investigation. This includes understanding the events, collecting evidence, and allowing all parties to present their perspectives before coming to a well-informed decision.

Investigators should be neutral and approach any inquiry with an open mind. Scenarios that seem open and shut rarely are, and it’s important to remember that investigations aren’t an avenue to justify your initial hunch but rather to find the facts. Ensuring a fair process requires focusing on the alleged conduct rather than the individual, while also providing the accused with all the relevant information and an opportunity to offer their feedback.

Consistency is key when it comes to disciplinary measures

After thoroughly investigating the alleged behaviour, it’s essential to determine the appropriate action to prevent reoccurrence. For less serious instances of insubordination, this may involve formally resetting expectations or issuing a first or final written warning.

However, for serious misconduct or repeated insubordination, stronger measures may be necessary. This can include disciplinary sanctions, such as termination of employment, if you have lost all trust and confidence in the employee continuing in their role.

It’s critical to seek professional advice before determining any outcome, ensuring that decisions are fair, lawful, and aligned with how similar situations have been handled within the organisation. A consistent and just approach not only reduces risks but also upholds the business’ integrity and fosters trust in the process.

How Citation HR can help

Handling workplace investigations with care and procedural fairness is vital because the impacts of these processes aren’t just limited to those directly involved; they can reverberate around your business. Citation HR, backed by HR experts, can ensure you follow the serious misconduct process seamlessly – reducing your risk. With our industry-leading software, containing hundreds of best practice templates, guides, workflows and processes, paired with our 24/7 HR Advice line, you’ll be able to tackle any HR issue with confidence.

For Citation HR clients, if this article has raised any questions about conducting workplace investigations or addressing misconduct, our employment relations and HR experts are here to help.

Not a Citation HR client? Why not test out our advice? Schedule your complimentary workplace compliance consultation with our friendly team today.

About our author

Lachlan Balfour is a Senior Workplace Relations Consultant at Citation HR. He regularly assists clients with a range of workplace compliance matters via our 24/7 HR Advice Line, helping them navigate the complexities of Australia’s industrial relations landscape.