The courts have observed that any person who is disobedient becomes an insubordinate and his conduct amounts to insubordination.
Therefore, an employee not listening to a lawful order or not listening to the orders of the superior becomes insubordination as it implies complete disregard for a condition essential to the contract of service.
To prove a charge of insubordination, it is necessary that corroborative evidence is produced justifying the charges of insubordination.
The allegations leading up to insubordination should not be generic in nature.
It is also vital to prove the charge of insubordination that the insubordination should not arise out of a solitary instance but several repeat instances of disobedience are necessary.
To decide whether an act of insubordination has been committed, the courts check if the employer was acting with a mala fide intention, or resorting to unfair labor practices and intimidating or victimizing the employee.
The employer cannot inflict unreasonably harsh punishment on the employee under any circumstances.