Carlien Nienaber

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So far Carlien Nienaber has created 966 blog entries.

Infographic: Disputes relating to Collective Bargaining: Refusal to Bargain

Refusal to bargain is a key issue in collective bargaining disputes. While South African labour law does not impose a duty to bargain, disputes over an employer’s refusal to recognise a union, negotiate on mutual interests, or grant organisational rights can escalate to conciliation, strikes, or legal challenges. This infographic outlines the process, legal framework, [...]

2025-05-08T11:09:40+02:00May 8th, 2025|Infographics|0 Comments

Gone Without a Word: How Employers Should Handle Unauthorised Absences

Few workplace disruptions frustrate employers more than an employee who simply does not show up for duty, particularly when the absence is uncommunicated and unauthorised. These situations are not only inconvenient but also raise important questions about the rights and responsibilities of both parties. It becomes essential for employers to understand the legal framework governing [...]

2025-05-07T12:05:41+02:00May 7th, 2025|General|0 Comments

Infographic: Section 73A BCEA Dispute (NMWA & Other Claims)

Section 73A of the Basic Conditions of Employment Act (BCEA) provides a framework for employees to claim unpaid wages and other related entitlements. This infographic highlights the process for referring a Section 73A dispute, the types of claims employees can make, and key case law that illustrates how these disputes are handled. Understanding these provisions [...]

2025-04-30T07:28:24+02:00April 30th, 2025|Infographics|Comments Off on Infographic: Section 73A BCEA Dispute (NMWA & Other Claims)

Employer Responsibilities for Uniforms & Protective Clothing

In the employment context, distinguishing between uniforms and protective clothing is critical, particularly regarding who bears the cost. A recent CCMA arbitration, involving a large chain retailer, highlights the key legal principles employers must be aware of. The obligations around uniforms and protective clothing primarily stem from: Sectoral Determination 9: Wholesale and Retail Sector (Clause [...]

2025-04-30T10:27:36+02:00April 29th, 2025|General|Comments Off on Employer Responsibilities for Uniforms & Protective Clothing

ENDLESS LOVE | FAHEQA ADAM

When your mother lives with renal failure for ten years, you learn more than medical terminology - you learn strength, perseverance, and the quiet dignity of facing each day with purpose. Just as a person with renal failure relies on external support like dialysis to do what the body cannot, Faheqa Adam grew up understanding [...]

2025-04-24T11:30:32+02:00April 24th, 2025|Meet the Team|Comments Off on ENDLESS LOVE | FAHEQA ADAM

Broken Trust

The trust relationship in the context of an employment relationship between an employer and employee is derived through the Common Law of Contract and the fiduciary duty between the parties. Where the conduct of the employee may depart from these standards, it is said that the conduct of the employee would negatively affect the trust [...]

2025-04-23T09:16:33+02:00April 23rd, 2025|General|Comments Off on Broken Trust

Lessons from Legal Precedents: When Duty Sleeps

The Labour Court in Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 (14 March 2023) defines dereliction of duty as a misconduct in which an “employee willfully, wantonly or negligently failed to perform his or her duties, or performed them in a culpably inefficient manner”. For an employer to establish [...]

2025-04-17T09:50:48+02:00April 17th, 2025|General|Comments Off on Lessons from Legal Precedents: When Duty Sleeps

Infographic: Substantive Fairness in Incapacity and Poor Work Performance Cases

Substantive fairness is a cornerstone of labour law in South Africa, particularly as outlined in Schedule 8 of the Labour Relations Act (LRA). This concept ensures that dismissals, whether for misconduct, incapacity, or operational requirements, are not only procedurally correct but also substantively justifiable. Here's a closer look at the principles and their practical implications, supported [...]

2025-04-15T21:43:43+02:00April 15th, 2025|Infographics|Comments Off on Infographic: Substantive Fairness in Incapacity and Poor Work Performance Cases

Infographic: Guidelines on substantive fairness in cases of dismissal for misconduct

Substantive fairness is a cornerstone of labour law in South Africa, particularly as outlined in Schedule 8 of the Labour Relations Act (LRA). This concept ensures that dismissals, whether for misconduct, incapacity, or operational requirements, are not only procedurally correct but also substantively justifiable. Here's a closer look at the principles and their practical implications, supported [...]

2025-04-15T21:34:49+02:00April 15th, 2025|Infographics|Comments Off on Infographic: Guidelines on substantive fairness in cases of dismissal for misconduct

Infographic: Unilateral Changes to Terms & Conditions of Employment (Section 64 LRA)

Unilateral changes to the terms and conditions of employment can significantly impact the employer-employee relationship. Section 64 of the Labour Relations Act (LRA) outlines the procedures and protections for employees against such changes. This infographic summarises the legislative framework governing unilateral changes, the processes for dispute resolution, and the potential remedies available to affected employees.  [...]

2025-04-11T09:11:45+02:00April 11th, 2025|Infographics|Comments Off on Infographic: Unilateral Changes to Terms & Conditions of Employment (Section 64 LRA)
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