Fired For Refusing An Illegal Order
Your employer told you to do something you believed was illegal, and you said no.
Your employer told you to do something you believed crossed a line, and you refused.
Soon after, you were dismissed, and the letter probably calls it insubordination or a breakdown of trust.
Is refusing an unlawful instruction ordinary misconduct?
Not automatically. Refusing a direct instruction can normally support a disciplinary case, but an instruction you reasonably believed was unlawful is treated with more care by the unfair dismissal route.
Your employer still has to justify the dismissal, not simply state that you disobeyed1. What the instruction actually asked of you matters as much as your refusal did.
Cases that turn purely on obedience look different from cases where the worker raised a genuine concern before refusing. Framing your refusal as a concern, not just defiance, can change how it is read.
What should you document about the instruction itself?
Write down exactly what you were told to do, who told you, and when it happened, while your memory is still clear. Note anything that made the instruction seem wrong, such as a law, a policy, or a licence condition it appeared to break.
If anyone else heard the instruction or saw how you responded, note their name too. A second account can support your version of events later.
Who has to justify what happened next?
The burden sits with your employer to show the dismissal had just cause or excuse, not with you to prove the instruction was definitely illegal. A genuine, reasonable belief at the time is the relevant standard.
This is different from a case built purely on performance or attitude, where the employer’s account often carries more early weight by default.
How long do you have to bring a claim?
You have sixty days from the date of your dismissal to file a Section 20 representation with the Director General of Industrial Relations2. That window does not extend because the situation felt complicated.
What should you do this week?
Set out a short written timeline of the instruction, your refusal, and the dismissal, with dates for each. Check your exact deadline using the deadline calculator.
Keep copies of your contract, any relevant policy, and your dismissal letter together in one place. A lawyer can assess whether the instruction itself strengthens your case beyond an ordinary misconduct dismissal, and what evidence would help most.
A lawyer can look at exactly what you were asked to do and whether refusing it gives you a stronger footing than an ordinary dismissal dispute.
Common questions
Is refusing an unlawful instruction treated as misconduct?
Ordinary insubordination can be a fair reason to discipline someone, but refusing an instruction you reasonably believed was unlawful sits differently. Your employer still needs to justify the dismissal, not just point to the refusal itself.
What if I was not sure the instruction was actually illegal?
You do not need certainty at the time, only a genuine and reasonable belief based on what you knew. Write down why you believed it was wrong as soon as possible after the event.
Who has to prove my dismissal was fair?
Your employer carries the burden of showing just cause or excuse for the dismissal. Pointing only to your refusal, without addressing why the instruction itself was proper, may not be enough on its own.
Does it matter if the instruction was never put in writing?
A verbal instruction is still relevant, but it is harder to prove later. Write down what was said, who said it, and when, as soon as you can while the memory is fresh.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can look at exactly what you were asked to do and whether refusing it gives you a stronger footing than an ordinary dismissal dispute.