Dismissed for refusing an unlawful order?
You refused to do something you believed was illegal, then lost your job.
Your manager asked you to do something that felt clearly wrong, such as falsifying a record or ignoring a safety rule, and you said no. Not long after, you were dismissed.
Refusing an instruction you genuinely believed was unlawful is different from ordinary insubordination. That distinction is central to a whistleblower retaliation claim.
Is refusing an unlawful instruction misconduct?
Not if the instruction was genuinely unlawful or clearly unsafe. Employers cannot fairly dismiss someone just for declining to break the law, a core protection under unfair dismissal principles.
Your position depends on how clearly unlawful the instruction was and whether you raised your concern at the time.
What should you document about the instruction itself?
Write down exactly what you were asked to do, by whom and when, and why you believed it was unlawful or unsafe.
If you raised the concern before refusing, keep any message or note showing you explained your reasoning.
Who has to justify the dismissal that followed?
Your employer must show just cause or excuse for the dismissal, separate from your refusal to follow that instruction.1
A dismissal soon after a refusal, especially with a vague or unrelated reason, invites closer examination of what really happened.
How long do you have to bring a claim?
You have 60 days from the date of dismissal to file a Section 20 representation.2 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
If it succeeds, remedies can include reinstatement, meaning getting your job back. Back wages, the salary you lost while out of work, are capped at twenty four months for a confirmed employee and twelve months for a probationer.3
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 you first reported the same issue in writing or informally, read about being dismissed after reporting wrongdoing. Then use the deadline calculator to check your window.
If you want a lawyer to act on your dismissal, send what you were asked to do, your refusal and the dates to an independent employment lawyer. They can review whether it is a case they can act on.
If you were dismissed for refusing an instruction you believed was unlawful, an independent employment lawyer can review what was asked and whether it is worth pursuing.
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
What counts as a genuinely unlawful instruction?
Examples include an instruction to break a specific law, falsify records or ignore a clear safety requirement. If you are unsure whether something crossed that line, describe it plainly and in detail rather than deciding alone.
What if I refused but did not explain why at the time?
It is still worth documenting your reasoning now. 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. Both can be relevant, depending on what followed.
Can I be dismissed for refusing something merely unpleasant, not unlawful?
An instruction that is merely unpleasant or inconvenient does not carry the same protection as one that is unlawful or unsafe. 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 60 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
If you were dismissed for refusing an instruction you believed was unlawful, an independent employment lawyer can review what was asked and whether it is worth pursuing.
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.