Insubordination not always dismissible
The Code of Good Practice: Dismissal (the Code) serves as a guideline for all those presiding over disputes related to discipline and dismissal. Employers would be mistaken if they were to interpret the contents of the Code too simplistically. For example, item 3(4) of the code lists some examples of offences that might merit dismissal even in the absence of prior warnings. Included in this list is the offence of “gross insubordination”. The concept of insubordination means ‘refusal to obey a lawful and reasonable instruction’.