What do you do when you get an lawful and reasonable instruction from your boss?

My manager has instructed me to complete an unlawful / unreasonable task, what should I do?

At work one of the responsibilities you have as an employee is to comply with all reasonable and lawful instructions given by your superior in carrying out your duties. If you don't, you could ultimately face dismissal.

However, at times, it might feel you are being asked to do the impossible. So what happens when you find yourself in a situation where you are given an unlawful or unreasonable instruction by your senior? Do you carry out the instruction because of the fear of possible victimisation? Or, if you don't, could you be dismissed?

When in doubt, look at whether the request is lawful and reasonable. Consider this:

  • Are you being asked to do something illegal?
  • Is the instruction outside of your contractual obligations?
  • Are you being asked to perform an impossible task?
  • Are you required to do something dangerous?
If you answer yes to one or more of these questions, then your next question must be 'how do I refuse the unlawful/unreasonable instruction?'

Here's how
  • Firstly, you must inform your manager why you think the instruction is unreasonable or unlawful and why you cannot do it.
  • If your manager insists that you complete the instruction, you must inform their superior of the situation.
  • It is important to keep a record of all the correspondence between you and your manager, as it will form the backbone of your case if you find yourself unfairly dismissed.
If you, as an employee willingly carry out an unlawful instruction, you have very little recourse should you be dismissed, as employees are only obliged to carry out lawful and reasonable instructions.

The only recourse you might have against such a dismissal is that either you had no prior knowledge that the given instruction was unlawful or if you can prove that you were threatened into performing the unlawful act, which is a daunting task.

Always remember that according to the law, you are under no obligation to obey or comply with an unlawful or illegal instruction, but disobeying a lawful and reasonable instruction could lead to a possible dismissal for insubordination.

Article by MISA's Legal Department. 

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