Fired for refusing an illegal order?
Your employer told you to do something you believed was illegal, and you said no.
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 gets more careful treatment in an unfair dismissal claim.
Your employer must justify the dismissal, not just say you disobeyed.1 What the instruction asked of you matters as much as your refusal.
Raising a concern before you refused reads differently from plain defiance. If you did that, say so.
What should you write down about the instruction?
Record exactly what you were told to do, who told you and when, while your memory is clear. Note what made it seem wrong, such as a law, a policy or a licence condition it appeared to break.
If anyone else heard the instruction or saw your reply, note their name. A second account can support your version later.
Who has to justify what happened next?
Your employer must show the dismissal had just cause or excuse. You do not have to prove the instruction was definitely illegal. A genuine, reasonable belief at the time is the standard.
A case built on performance or attitude often gives the employer’s account more early weight. This kind of case is different.
How long do you have to bring a claim?
You have 60 days from the date of your dismissal to file a Section 20 representation with the Director General of Industrial Relations.2 The window does not stretch because the situation felt complicated.
What should you do this week?
Write a short timeline of the instruction, your refusal and the dismissal, with a date for each. Check your deadline with the deadline calculator.
Keep your contract, any relevant policy and your dismissal letter together in one place.
If you want to act on this, a lawyer can review whether the instruction makes your case stronger than an ordinary misconduct dismissal. They can also tell you what evidence would help most.
If you were dismissed for refusing an unlawful instruction, an independent employment lawyer can review what you were asked to do and act for you if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Is refusing an unlawful instruction treated as misconduct?
Ordinary insubordination can be a fair reason to discipline someone. Refusing an instruction you reasonably believed was unlawful is treated with more care. Your employer must justify the dismissal, not just point to the refusal.
What if I was not sure the instruction was actually illegal?
You do not need to be certain at the time. A genuine and reasonable belief, based on what you knew, is the relevant test. Write down why you thought it was wrong as soon as you can.
Who has to prove my dismissal was fair?
Your employer must show just cause or excuse for the dismissal. Pointing only to your refusal, without showing the instruction was proper, may not be enough.
Does it matter if the instruction was never put in writing?
A verbal instruction still counts, but it is harder to prove later. Write down what was said, who said it and when, while your 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 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If you were dismissed for refusing an unlawful instruction, an independent employment lawyer can review what you were asked to do and act for you if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.