Carlien Nienaber

The BCFFRCAT has grabbed a bite to eat out of the food industry.  On the 08th of January 2021, the Minister of Employment & Labour extended the main agreement of the Bargaining Council for the Fast Food, Restaurant, Catering & Allied Trades (BCFFRCAT) to non-parties in the industry.  This was done under Government Gazette 44058 [...]

As employees initially returned to the workplace after more than a month in hard lockdown, CEO published material on Health and Safety in the workplace, action plans going forward and helpful risk-mitigating measures. These are all good and well, however, considering the alarming fact that cases are now reaching an all-time high, employers need to [...]

Conduct of commissioners Commissioners are appointed by the Governing Body of the CCMA to facilitate, mediate, arbitrate, prevent, and settle industrial disputes. Each provincial office has a team of full-time commissioners supported by an additional complement of part-time commissioners. Convening Commissioners (CSC's) have been appointed in each province to monitor the professional standard of the [...]

‘Laws are here to protect employees whilst employers are left to suffer’ is a belief held by many an employer. This belief, however, is not always the case. An employer’s remedy to discipline an employee is well-founded, but what numerous employers remain oblivious to are their other remedies founded in law. As stated by Waglay [...]

Despite South Africa transitioning into a democracy 27 years ago, discrimination often rears its ugly head in South African society which is frequently reported by media houses and is received by the public with the sensationalism that it deserves.  The Employment Equity Act 55 of 1998 was drafted with the noble intention of eradicating unfair [...]

As the year comes to an end and everyone is in a festive spirit, employers and employees are often under the misimpression that no action can be taken against an employee who commits misconduct outside of normal working hours.   This is not the case. Should an employee’s conduct outside of the workplace and normal [...]

A facilitation process is a process that can be referred either by an employer or representative trade union of employees who are likely to be affected by a large-scale retrenchment process under section 189A of the Labour Relations Act.   In order to start the process, either party has to notify the CCMA in writing [...]