The Obligation of Employees to Obey All Instructions – Even Unreasonable Ones?

HR Managers must have a very clear understanding of the rights of the employer. The HR Manager’s first obligation is to look after interest of the employer and not that of the employee.

To maintain workplace discipline and organizational efficiency in the interest of the business, this must first be understood –the employees must first obey instructions given by their employer, including those which the employee may think is unfair, unreasonable or even unlawful unless the employee is 100% certain he is correct with what he thinks.

This principle was delivered by the Federal Court in the case of Pan Global Textiles Bhd Pulau Pinang v. Ang Beng Teik [2002].

This is a landmark decision which reaffirms a critical, and often misunderstood, tenet of employment law: an employee must obey orders first – even if they believe the orders are unreasonable – and challenge them later through proper channels.

Obey First, Protest Later

In the Pan Global Textiles case, the employee had refused to comply with a transfer order. His reason? He wanted to verify if the instruction was approved by the manager. The court found this refusal to be insubordination. According to the Federal Court judge:

“It is generally held that the proper course for an employee is to obey the orders when it is given and protest about its illegality in separate proceedings.”

This reflects a key doctrine in employment discipline, i.e.:

“employees do not have the right to be the judge of whether an order is lawful or reasonable in the moment.”

If the employee is allowed to do so, it would open the door to chaos, as each employee could individually decide which instructions to follow. The court recognized that this would severely obstruct the management’s ability to operate effectively.

Reasonableness is Not a License to Disobey

Critically, the court acknowledged that if an employee believes an order to be unlawful or unreasonable, the right thing to do is not refusal, but compliance followed by protest:

“If an employee takes upon himself to disobey an order which he thinks not lawful or unreasonable... he must take the risk, if the court finds that the order was lawful and reasonable.”

Therefore, employees cannot treat perceived unfairness or inconvenience as valid justification for disobedience. They may raise their concerns through internal processes or escalate the matter through the union or other legal channels. However, outright refusal to comply – even if well-intentioned – exposes them to the risk of disciplinary action, including dismissal. One common instruction that employees challenge is a transfer order.

Transfers Are Lawful Orders – Unless Proven Mala Fide or Unlawful

The Federal Court’s ruling also specifically addressed transfer orders, which are a common source of dispute. The court’s position was clear: transfers are part of management prerogative, unless the employer had unwittingly signed away its right to do so. Unless they are manifestly unlawful or in violation of contractual terms, an employee is obligated to comply.

Refusal to accept a transfer based on mere doubt or disagreement with the instruction does not justify defiance. As emphasized in the case where the judge had ruled:

"This principle also applies to transfer orders."

Final Thoughts

While the notion that employees must obey all instructions – even unreasonable ones – may seem harsh, it is not a carte blanche for abuse by employers. Rather, it is a rule rooted in practicality and industrial harmony. The law does not deny employees the right to challenge unfair treatment – it simply requires them to follow the correct procedure: comply first, challenge later. The business must come first. The management is acting in the best interest of the business. Instructions must be obeyed first and the HR manager must understand this doctrine.

This doctrine ensures that workplaces remain orderly and that disputes are resolved without disrupting operations. For both employers and employees, understanding this principle is key to managing discipline, respecting rights, and maintaining a productive work environment.

Chan Wang Tak

Pakar Industry Negara, HR Consultant

Author of 400 Q&A on the Practice of Labour Laws in Malaysia