There comes a time when an employee may want to speak up to their superiors in the workplace; however, there is a fine line between speaking one’s mind, being rude, or being outright insubordinate.
Labour law experts Bongani Masuku and Thato Maruapula from Cliffe Dekker Hofmeyr said that in South African law, insubordination is the wilful failure or refusal to obey a lawful and reasonable instruction given by a superior.
The employee subsequently challenged the instruction uncourteously, questioning why they were to go home in light of their performance being above par. The employer then charged the employee with gross insubordination and dismissed them upon being found guilty. The employer then challenged this finding on review before the Labour Court . The LC used a test called the Sidumo test – asking whether the arbitrating commissioner’s decision was one that a reasonable decision maker could reach given the material evidence before them.The court held that “insubordination” essentially refers to:
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