750 Insubordination and insolence as forms of misconduct

Description

Table of Contents

1. Introduction
2. Common law obligations
3. Forms of insubordination
4. Elements of insubordination
5. Substantive fairness: insubordination in general

5.1        An instruction was given

5.2        An instruction was given to the employee

5.3        Deliberate conduct

5.4        Refusal or failure to obey

5.5        The instruction was reasonable

5.6        The instruction was lawful

5.7        The appropriate sanction

6. Substantive fairness: insubordination as defiance

6.1        Case law

6.2        Provocation

7. Insubordination and insolence compared
8. Insolence
9. Context matters: Employees in representative capacities
10. Context matters: changes to terms and conditions of employment
11. Conclusion