COVID-19 has resulted in many emotional, physical and psychological issues, for example, the issue of job security, retrenchments, the loss of loved ones, financial difficulties, dealing with the aftereffects of COVID, the loss of income and most importantly, the uncertainty of the future.
Employees are struggling to deal with their personal problems, and employers are faced with insolent and disrespectful employees. The fact that they are not in the position to solve their personal problems has an effect on their work performance or their behaviour in the workplace.
Insolence is extremely disrespectful in speech or behaviour, impudent, cheeky, rude, insulting or contemptuous, including body language such as the rolling of eyes and looking away when addressed by your senior.
We have to keep in mind that there is a fine line between insolence and insubordination. Insolence may become insubordination where there is an outright challenge of the employer’s authority.
Examples of insolence:
- Yelling at managers or co-workers;
- Refusing to comply with a supervisor’s reasonable request;
- Negatively affecting the work of others.
John Grogan noted in his Book Workplace Law (Juta 2009), “employees are obliged to respect and obey their employer because lack of respect renders the employment relationship intolerable and disobedience undermines the employer’s authority”.
In Sylvania Meta (Pty) Ltd v Mello N.O. and others (JA 83/2015) (22/11/2016).
The acts of insolence and insubordination do not justify dismissal unless they are serious and willful. The sanction of dismissal is reserved for instances of gross insolence and gross insubordination. The employee was rude, aggressive and disrespectful towards the plant manager. The continued working relationship was intolerable, and the dismissal of the employee, in this case, was fair.
To conclude, employees should know irrespective of their personal situation, there is still an obligation to act professionally and respectful in the workplace and not to get angry or engage in name-calling or using foul or abusive language.
Contact your nearest SEESA office to assist your business with any labour related queries that you might have. Alternatively, leave your contact details on our website.
About The Author:
Lizca Samuels started her career at SEESA in 2005 as a Legal Advisor at the Port Elizabeth branch and was promoted to Senior Legal Advisor in 2008. She obtained her B.Proc Degree in 1998 and LLB degree in 1999 at the University of Port Elizabeth.
References:
- CHRON Newsletter by Lisa Mc Querry July 20,2018
- The South Africa Labour Guide
- Workplace Law (Juta 2009)
- Sylvania Meta (Pty) Ltd v Mello N.O. and others (JA 83/2015) (22/11/2016)