Dismissed For Refusing An Order
You refused to do something you believed was illegal and lost your job for it.
Your manager asked you to do something that felt clearly wrong, maybe falsify a record or ignore a safety rule, and you said no. Not long after, you were dismissed.
Refusing to carry out an instruction you genuinely believed was unlawful is different from ordinary insubordination. That distinction sits at the centre of a whistleblower retaliation claim.
Is refusing an unlawful instruction misconduct?
Refusing a genuinely unlawful or clearly unsafe instruction is not the same as refusing a reasonable, lawful one. Employers cannot fairly dismiss someone simply for declining to break the law, a core protection under unfair dismissal principles.
The strength of your position depends on how clearly unlawful the instruction actually was, and whether you raised your concern clearly at the time.
What should you document about the instruction itself?
Write down exactly what you were asked to do, by whom, and when, along with why you believed it was unlawful or unsafe.
If you raised the concern before refusing, keep any message or note showing that you explained your reasoning rather than simply refusing outright.
Who has to justify the dismissal that followed?
Your employer carries the burden of showing there was just cause or excuse for the dismissal, separate from your refusal to follow that specific instruction1.
A dismissal that follows quickly after a refusal, especially with a vague or unrelated stated reason, invites closer examination of what really happened.
How long do you have to bring a claim?
You have sixty days from the date of dismissal to file a Section 20 representation with the Director General of Industrial Relations2.
If successful, remedies can include reinstatement or back wages capped at twenty four months for a confirmed employee and twelve months for a probationer3.
What should you do this week?
Write your account of the instruction and your refusal while the details are still clear in your memory.
If a written or informal report about the same underlying issue came before the instruction, read about being dismissed after reporting wrongdoing, and use the deadline calculator to check your window.
Describing the exact instruction and your refusal helps a lawyer judge how strong the connection to your dismissal really is.
Common questions
What counts as a genuinely unlawful instruction?
An instruction to break a specific law, falsify records, or ignore a clear safety requirement are common examples. If you are unsure whether something crossed that line, describe it plainly to a lawyer rather than deciding alone.
What if I refused but did not explain why at the time?
It is still worth documenting your reasoning now, even if you did not explain it clearly in the moment. A clear written account afterward is better than none, though explaining at the time is stronger evidence.
Does it matter if I eventually did what was asked under protest?
Doing something under clear protest, after raising your objection, is different from refusing outright, and both situations can still be relevant depending on what followed. Explain the full sequence to a lawyer.
Can I be dismissed for refusing something merely unpleasant, not unlawful?
An instruction that is simply unpleasant or inconvenient does not carry the same protection as one that is genuinely unlawful or unsafe. The distinction matters, so be precise about what you were actually asked to do.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within sixty days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
Describing the exact instruction and your refusal helps a lawyer judge how strong the connection to your dismissal really is.