Insubordination Dilemma: How Should We Decide on a Verdict for a Long-time Employee?

Determining a Suitable Verdict for Insubordination

I recently conducted a disciplinary inquiry (DI) and found the defender guilty of insubordination. The defender has been with the company for more than a decade and has been a significant contributor. What would be the suitable verdict for the defender?

The penalty for willful insubordination unaccompanied by any major financial loss cannot be dismissal, especially for an employee with no blemished record in the past. If it is a simple instance of willful insubordination and if it is the first instance, you may award a penalty of a warning since he is a contributing member and has served the company for a decade. If he disobeys an important instruction/order of the superiors that affects the company's working, general discipline, or image, you can impose a stricter penalty like stoppage of increment or increments. However, the duration for which his future increment(s) can be stopped and whether it should be with cumulative effect or without cumulative effect depends upon the facts and circumstances of each case.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai