Insubordination Dismissal Upheld: Employee Who Ignored Meetings, Reports and a Show Cause Letter Loses Her Claim
Tan Pei Kei v Corporate Partners Consultancy Sdn Bhd [2025] ILJU 123
Outcome
The Industrial Court held that the employee’s persistent refusal to meet her superiors, to submit the reports required of her and to answer a show cause letter was insubordination amounting to serious misconduct, and dismissed her unfair dismissal claim against our client.
Case Background & Strategy
An employee who repeatedly refuses to meet her superiors, will not follow reasonable reporting instructions and ignores a show cause letter commits insubordination, and an employer in Malaysia may dismiss for it. In Tan Pei Kei v Corporate Partners Consultancy Sdn Bhd [2025] ILJU 123, NZSK acted for the employer, Corporate Partners Consultancy Sdn Bhd, and the Industrial Court held that the dismissal was with just cause or excuse and dismissed the claim.
Case at a Glance
| Court | Industrial Court, Kuala Lumpur |
| Our client | Corporate Partners Consultancy Sdn Bhd, the employer, which provides business risk management and debt recovery services |
| Key issue | Whether an employee who refused to attend performance meetings, submit reports and answer a show cause letter was dismissed with just cause |
| Outcome | Dismissal held to be with just cause or excuse; claim dismissed |
| Practice area | Employment and industrial relations |
| Case | Tan Pei Kei v Corporate Partners Consultancy Sdn Bhd [2025] ILJU 123 (Award No 369 of 2025) |
The Problem: Missed Targets Became a Refusal to Engage
The claimant was a risk management consultant responsible for selling our client’s debt management solutions against monthly targets. After she missed her targets for three consecutive months, our client issued a warning letter and asked her to meet the human resource manager and her sales director to discuss her performance and a plan to improve it. She did not reply and did not attend the meetings fixed for 30 March and 3 April 2023, despite a reminder from her superior on the day.
When she finally met them under a final warning, she said she wanted to resign, but no resignation followed. Our client confirmed in writing that she remained an employee and instructed her to submit daily activity reports and monthly sales activity reports as part of a rectification plan. She did not do so, and she did not answer the show cause letter issued on 14 April 2023. Her employment was terminated on 19 April 2023.
Our Strategy: Prove the Insubordination, Not the Missed Targets
We kept the case focused on the real reason for the dismissal. Our client’s witnesses explained that the claimant was dismissed for insubordination, not for poor performance: the company had tried to help her improve, and she refused to engage. We showed that the meetings and the reporting requirements were lawful and reasonable instructions from her superiors, that her letter of appointment required her to carry out any function assigned by management, and that her silence in the face of a show cause letter showed indifference to the company’s authority. Under questioning, she could not give a reason for refusing the meetings, and she accepted that she never asked for more time to reply to the show cause letter.
The Industrial Court’s Decision
The Industrial Court accepted our client’s case. It held that the claimant’s refusal to attend the scheduled meetings without a valid reason was wilful disobedience of her superiors’ instructions, and that her refusal to prepare the required reports was likewise wilful disobedience. The court found the reporting requirement reasonable, observing that an employer has the prerogative to decide how it runs its business and may require sales staff with performance issues to account for their activities.
Being busy with sales was no excuse for ignoring a show cause letter, which deserved priority. Taken together, her conduct was insubordination and serious misconduct. The court held that the dismissal was with just cause or excuse and dismissed the claim.
The Law in Brief: Insubordination as Misconduct
In a reference under section 20(3) of the Industrial Relations Act 1967, the Industrial Court asks whether the misconduct alleged by the employer has been proved on the balance of probabilities and, if so, whether it constitutes just cause or excuse for the dismissal. Insubordination is the wilful refusal to obey a lawful and reasonable instruction from a superior, or conduct that challenges the employer’s authority. It is treated as serious misconduct because no organisation can function if employees refuse to accept the authority of those they report to.
Employers should still act fairly: give clear written instructions, record each refusal, issue a show cause letter with a reasonable time to respond, and consider any explanation before deciding on dismissal.
Key Takeaways
- Persistent refusal to attend meetings with superiors can amount to wilful disobedience.
- Employers may introduce reasonable reporting requirements, especially for staff with performance issues.
- Ignoring a show cause letter is itself evidence of indifference to the employer’s authority.
- Frame the charge accurately: this dismissal was for insubordination, not poor performance.
- Keep a written record of every instruction, reminder and refusal.
Frequently Asked Questions
What is insubordination in Malaysian employment law?
The wilful refusal to obey a lawful and reasonable instruction from a superior, or conduct that challenges the employer’s authority. The Industrial Court treats it as serious misconduct.
Can an employee be dismissed for refusing to attend a meeting with HR?
It can amount to misconduct. In this case, repeated refusals to attend performance meetings with HR and the employee’s superior, without a valid reason, were held to be wilful disobedience.
Can my employer add new reporting duties after I join?
Generally yes, if the instruction is lawful and reasonable. The court held that the employer could require daily and monthly activity reports, particularly from an employee with performance issues.
What happens if I ignore a show cause letter?
The employer may proceed on the basis that you have no explanation. Here, the court found that the employee’s silence showed indifference to the company and supported the finding of insubordination.
Is poor performance the same as misconduct?
No. Poor performance usually calls for warnings and a fair chance to improve. This dismissal was upheld because of insubordination, which is misconduct.
Who must prove misconduct in the Industrial Court?
The employer must prove the misconduct on the balance of probabilities, and show that it justified the dismissal.
Related reading: The dos and don’ts of issuing a show cause letter; Industrial Court upholds dismissal for insubordination and vulgar language.
Managing an employee who refuses instructions, or responding to an unfair dismissal claim? Book a consultation with NZSK so we can review your documents and advise on the next step. Learn more about our employment law practice.
Messrs Ng, Zainurul, Seke & Khoo (NZSK) is a Malaysian law firm with offices in Mont Kiara, Kuala Lumpur and Puchong, Selangor. Partner Khoo Ai Theng, an Advocate & Solicitor of the High Court of Malaya since 2014, acts for employers and employees in Industrial Court and High Court employment disputes and is a co-author of Malaysian Employment & Industrial Relations Law.
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