Your Employment Law Team

Employee handbooks can be a useful tool in managing the workplace. When done properly, they offer a number of advantages, such as helping to: formalize various processes (fostering consistency and transparency); reduce the risk of arbitrary decision-making and/or favouritism; promote legal compliance; reinforce company culture and values; and defend against potential employee claims and/or complaints.

It is an unfortunate reality that most employers, should they operate long enough, will eventually be confronted with some form of employee misconduct. This article delves deep into one particular type of misconduct: insubordination. To that end, below we will review what “insubordination” entails, consider two brief case studies (one where insubordination was made out, and the other which resulted in wrongful dismissal) and conclude by reviewing employer best practices for responding to insubordination in the workplace.

In a recent decision, Wilds v. 1959612 Ontario Inc., the Ontario Superior Court of Justice awarded punitive damages against an employer for its conduct at, and following, the time of termination. In so doing, the court provided a helpful reminder for employers to meet their lawful obligations when ending the employment relationship or risk exposure to additional liability.