Can an employee be dismissed for refusing to follow instructions?

By virtue of the managerial prerogative, an employer has the right to organize, direct, supervise, and allocate work. Consequently, an employer is also entitled to issue specific orders and instructions to employees. Employees, in turn, are obliged to comply with the employer’s lawful orders and directions. Failure to do so may be regarded as a breach of the duty of loyalty and, therefore, a breach of the employment contract.

In practice, disputes often arise where there is uncertainty regarding the employee’s duties and the extent of the employer’s authority to assign tasks. The key question then becomes whether the employer was entitled to require compliance with the instruction and whether a refusal to comply may justify dismissal or summary dismissal.

An order exists when the employer clearly and unequivocally directs an employee to perform an act

An employer’s order must be clear and unambiguous and must leave no doubt as to what action the employee is required to take. Where a job description exists, it will provide guidance as to what the employer may require of the employee.

Refusal to follow instructions occurs when an employee refuses to carry out a lawful order

A prerequisite for a finding of refusal to follow instructions is that the employee refuses to comply with a lawful order issued by the employer. This means that the employer must be entitled to issue the order pursuant to the managerial prerogative. For example, an employer may not require an employee to perform unlawful acts.

The employment contract sets limits on the orders an employer may issue, as the employer’s managerial prerogative must be exercised within the framework of the employment relationship. In many cases, however, the employment contract does not provide a clear answer as to which tasks the employee is obliged to perform. In such situations, a job description may supplement the employment contract. Employees should nevertheless be aware that an order may still be lawful even if the task is not expressly mentioned in either the employment contract or the job description.

The employer’s right to require compliance is also limited by general requirements of reasonableness and objectivity. The employer’s decision must be based on legitimate business considerations and must not be arbitrary. There must be a reasonable connection between the order and the needs of the business.

The employee refuses without reasonable grounds or intentionally fails to comply

As a general rule, if an employee refuses without reasonable grounds, or intentionally fails, to comply with an employer’s order, this may justify dismissal or summary dismissal. However, the employer should undertake an overall assessment of what sanction is appropriate in response to the refusal. In some cases, a written warning may be sufficient. In more serious cases involving breaches of duty, dismissal or summary dismissal may be warranted.

If a refusal to comply is to serve as grounds for dismissal, it should also be made clear to the employee that continued non-compliance may result in termination of employment. If the employee nevertheless refuses to follow the instruction, this constitutes a breach of duty that may justify dismissal or summary dismissal.

On the other hand, if the employee has reasonable grounds for refusing to comply with the instruction, whether dismissal is justified will depend on a specific overall assessment of the circumstances. A key factor in that assessment is the impact the refusal will have on the employer and the business.

Source: Nils H. Storeng m.fl., Arbeidslivets spilleregler (5. edition, 2020)