Insubordination in the Workplace (Canada): What It Means and When You Can Be Fired

Key Takeaways

• Insubordination means refusing a reasonable and lawful workplace instruction
• You can be fired for insubordination — but not always without severance
• Many employees are wrongly accused of insubordination
• A single incident rarely justifies termination for cause

What Is Insubordination?

Insubordination refers to a deliberate refusal to follow a reasonable and lawful instruction from an employer or supervisor.

There’s no single legal definition in Canada. Instead, courts look at key factors:

• Was the instruction clear and reasonable?
• Was it given by someone with authority?
• Did the employee wilfully refuse to follow it?

If the answer to all three is yes, it may be insubordination.

However, context matters — and that’s where many employers get it wrong.

What Counts as Insubordination at Work?

Not every disagreement or mistake qualifies as insubordination.

For behaviour to be considered insubordination, it typically must involve:

• A clear refusal (not confusion or misunderstanding)
• A lawful instruction
• A reasonable request tied to your job duties

Examples of Insubordination in the Workplace

Common examples include:

• Refusing to complete assigned job duties
• Ignoring direct instructions from a manager
• Refusing to attend work without justification
• Leaving a shift without permission
• Refusing to follow workplace policies

What Is NOT Insubordination?

This is where many employees are misled.

The following situations are generally NOT insubordination:

• Refusing unsafe work
• Refusing an illegal or unethical request
• Misunderstanding instructions
• Being asked to do something outside your role
• Following conflicting directions from different managers
• Raising legitimate workplace concerns

Can You Be Fired for Insubordination?

Yes — but it depends on the situation.

Employers may discipline employees for insubordination, including termination. However:

• Minor or first-time incidents usually require warnings first
• Employers are expected to use progressive discipline
• The punishment must be proportionate to the behaviour

Is Insubordination Grounds for Termination With Cause?

No — not automatically.

This is one of the most misunderstood areas of employment law.

To prove “just cause,” an employer must show that:

• The behaviour was serious and wilful
• It damaged the employment relationship
• Progressive discipline was used (in most cases)

That means you may still be entilted to severance pay.

What Is Gross Insubordination?

“Gross insubordination” refers to serious, deliberate refusal that goes to the heart of the employment relationship.

Examples might include:

• Repeated refusal to follow critical instructions
• Open defiance of management authority
• Behaviour that seriously disrupts operations

Even then, courts still look at:

• Length of service
• Past performance
• Whether warnings were given

Insubordination in Ontario: What Employees Need to Know

If you work in Ontario, your rights are protected under both:

• Employment Standards Act (ESA)
• Common law (which often provides greater severance rights)

Even if your employer claims “insubordination”:

• You may still be owed significant severance
• Your termination may qualify as wrongful dismissal

When Insubordination Becomes a Legal Issue

You should speak to an employment lawyer if:

• You were fired for insubordination without warnings
• The instruction you refused was unsafe, illegal, or unreasonable
• Your employer is claiming “just cause” to avoid severance
• You were dismissed after a single incident
• The accusation followed you raising concerns or asserting your rights

What to Do If You’re Fired for Insubordination

If this happens, take these steps:

1. Do NOT sign anything immediately
2. Request your termination details in writing
3. Document what happened
4. Speak to an employment lawyer before accepting any offer

Speak to an Employment Lawyer

If you’ve been accused of insubordination or fired for cause, don’t assume your employer is right.

At Samfiru Tumarkin LLP, our team has helped over 60,000 employees across Canada understand their rights and secure the compensation they’re owed.