When Does Insubordination Amount to Justifiable Cause for Termination of Employment?

Insubordination is usually cumulative. It consists of a series of actions or refusals to act, when combined over time, amounts to a breach of the employee's obligations that form part of the employer/employee relationship. 

Since memory is selective, particularly when one's job is at risk, warnings in writing create a paper trail that is the best evidence of the nature of the acts of insubordination and the clear warnings that this behavior is unacceptable and must stop. The employee should be given the opportunity to remedy his offence and to undertake not to continue the behavior that amounts to insubordination. But what about an isolated incident of misconduct. When will one incident alone amount to a level of insubordination that justifies termination of employment for just cause?

During a CFL football game in western Canada, an assistant coach berated the umpire for what the assistant coach believed was a bad call. The team coach told the assistant coach to stop haranguing the umpire. The assistant coach did stop shouting for a couple of minutes. Then he began to chastise the umpire again, swearing at him and calling him every name in the book. The coach called out to the assistant coach to have him stop and was told by the assistant coach to "fuck off". He shouted at the coach so that the players on the bench heard him. The coach, incensed by the assistant coach's insubordination, replied: "you're fired". The assistant coach sued the football club for wrongful dismissal.

The Judge hearing the case reviewed the circumstances surrounding the firing of the assistant coach by the coach. The court said that the context was important to the determination of whether one particular act of insubordination was sufficient to justify the employee's termination for justifiable cause without notice or severance.

The Judge compared a CFL football game to a military campaign. Like a military engagement command from the commander-in-chief must be obeyed, otherwise, the success of the campaign is placed in jeopardy. The Judge found that the coach had pronounced a legitimate command that required obedience. The assistant coach refused a reasonable request in a hostile manner. The court determined, that under these circumstances, the assistant coach had a duty to obey and that his refusal was in breach of the employment relationship, amounting to gross insubordination and justifiable cause for termination of his employment. The case for wrongful dismissal was dismissed.

Under most circumstances, a onetime emotional outburst by an employee, who has not been warned in the past for similar behavior, will be insufficient to support termination of employment for cause. A number of warnings in writing prior to the outburst is more likely to justify the employer's actions.

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