Can You Be Fired for Losing Your Cool at Work?

Losing your temper at work could have serious consequences.

How the law differentiates insolence and insubordination

Under labour law, such conduct may be categorised as either insolence or insubordination. Insolence refers to disrespectful behaviour towards a person in authority and can include rudeness or defiance. While unprofessional, a single act of insolence does not automatically justify dismissal unless it is sufficiently serious and wilful.

Insubordination is generally treated more seriously. It involves a deliberate refusal to obey a reasonable and lawful instruction from a person in authority. For conduct to amount to gross insubordination that could justify dismissal, the specific circumstances and seriousness of the conduct must be considered. A deliberate and serious challenge to an employer’s authority may make the employment relationship intolerable.

The role of provocation in disciplinary proceedings

Employees can raise provocation as a mitigating factor. Provocation does not automatically excuse misconduct but may be weighed when deciding an appropriate sanction. If an outburst follows serious provocation and occurs in the heat of the moment, this may weigh against dismissal and in favour of a lesser penalty, depending on the circumstances.

Assessments include whether a reasonable person in similar circumstances might have reacted similarly, and the timing of the reaction. A significant delay between the provocation and the outburst which would have allowed time to calm down can weaken a provocation defence.

Procedural fairness: can your boss fire you on the spot?

Even where an outburst is serious, dismissal must comply with the requirements for substantive and procedural fairness. Employees should generally be given an opportunity to respond to allegations and present mitigating circumstances before a decision is made. What an employee says during disciplinary proceedings can affect the outcome.

Access to legal guidance may be available through services that connect employees with legal professionals who can advise on rights and the disciplinary process.

Takeaway

Keeping your cool at work is important. If you do slip up, the law requires employers to follow a fair disciplinary process and to consider the circumstances including possible provocation before deciding on an appropriate sanction.