helping-hand Archives

Insolence or insubordination: Justifying summary termination?

by GilesFiles | Oct 17, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Disobeying reasonable instruction: Valid and fair dismissal

by GilesFiles | Aug 18, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Hospitality, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, RN Daniels, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Helping hand concept: Bias not detected

by GilesFiles | Oct 21, 2022 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reviewing CCMA awards: Answering seven questions

by GilesFiles | May 16, 2019 | AB - Law generally, Awards -s145 see also Sidumo, Checklists, Disputes: factual, Insights, Labour Relations, Legal Practice, Objective - correctness, Review tests, Sidumo - see also awards s 145, Thresholds, Topics | 0 |

When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not...

Helping-hand principle: Unrepresented litigants?

by GilesFiles | Dec 12, 2018 | 2018, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 07: 112-184 Dispute, LRA 1995, Sectors, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Helping hand notion: Questioned by the Labour Court

by GilesFiles | Feb 23, 2018 | 2018, Conduct & capacity, Courts, GN Moshoana, Illness & injury, Judges, Labour Court, Labour Court judges, Labour Relations, Review tests, Sectors, Termination (LRL 8), Trust & confidence | 0 |

 Essence Suggested that if the helping hand notion has been accepted it ought to be jettisoned and it matters not if a commissioner fails to raise a helping hand and yet arrives at a reasonable conclusion.  Decision Witbooi v...

Helping hand not required for employer’s representative

by GilesFiles | Feb 28, 2017 | 2017, Miscellaneous, Termination (LRL 8), Words & phrases | 0 |

The LC reviewed and upheld the retrospective reinstatement award dated 31/3/2014. The purported reason for dismissal was misrepresentation in the form of a failure to declare a previous neck injury when completing the medical...

Tag: helping-hand

Insolence or insubordination: Justifying summary termination?

Disobeying reasonable instruction: Valid and fair dismissal

Helping hand concept: Bias not detected

Reviewing CCMA awards: Answering seven questions

Helping-hand principle: Unrepresented litigants?

Helping hand notion: Questioned by the Labour Court

Helping hand not required for employer’s representative