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What are Lawful Instructions?

Published in Workplace Compliance 3 mins read

Lawful instructions are directives given within a professional context that adhere to legal standards, fall within an individual's defined duties, and are reasonable and safe to perform. These instructions form the backbone of a functional and compliant workplace, ensuring that directives from employers or supervisors are both fair and enforceable.

Understanding the Pillars of Lawful Directives

The concept of a lawful instruction is crucial for both employers and employees to maintain a harmonious and legally compliant work environment. It clarifies the boundaries of authority and responsibility, preventing misinterpretations and potential disputes. An instruction is generally considered lawful and reasonable if it satisfies three fundamental criteria:

Core Criteria for Lawful Instructions

Criterion Description Practical Example
1. Legality An instruction is deemed lawful only if it does not compel an individual to engage in any activity that is contrary to law. This encompasses adherence to all relevant statutes, including criminal law, health and safety regulations, anti-discrimination laws, and other statutory requirements governing workplace conduct and operations. An instruction to falsify financial records, discriminate against an employee based on their protected characteristics, or illegally dispose of hazardous waste would be unlawful. In contrast, an instruction to complete a routine safety checklist is lawful, as it aligns with legal obligations.
2. Scope of Contractual Obligations An instruction must be within the scope of the individual's contractual obligations or their agreed-upon job description. It relates directly to the duties and responsibilities for which the individual was hired or those that are reasonably incidental to their role. Instructions outside this scope may be challenged as unlawful. Asking a marketing manager to develop a new advertising campaign is within their scope. However, instructing a graphic designer to perform complex plumbing repairs in the office (unless specifically included in their contract or an emergency requiring specific, pre-agreed skills) would typically fall outside their contractual obligations.
3. Feasibility and Safety A lawful instruction does not demand the performance of any impossible or dangerous task. This criterion ensures that tasks assigned are realistically achievable given the individual's capabilities and resources, and that they do not expose the individual to unreasonable risks to their health, safety, or well-being without appropriate safeguards. Directing an employee to lift an extremely heavy object without proper equipment or assistance, or requiring them to work in an inherently unsafe environment without adequate protective gear, would be an unlawful instruction due to danger. Similarly, demanding the completion of a multi-week project in just a few hours might be impossible.

Why Understanding Lawful Instructions Matters

A clear understanding of what constitutes a lawful instruction is essential for effective workplace management and employee relations:

  • For Employees: It empowers individuals to understand their rights and responsibilities, providing a basis to decline directives that are genuinely unlawful, outside their job scope, or unsafe, without fear of undue reprisal. This fosters a sense of fairness and respect.
  • For Employers: It helps organizations ensure compliance with labor laws, minimize legal risks, and avoid disputes or disciplinary issues arising from inappropriate directives. It promotes clear communication and builds trust within the workforce, leading to a more productive and harmonious environment.

By adhering to these principles, both parties can navigate workplace expectations effectively, ensuring that all directives contribute positively to a safe, productive, and legally sound working relationship.