Carlien Nienaber

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So far Carlien Nienaber has created 33 blog entries.

MEIBC Request for Urgent Mandate from Plastic Industry Members

Dear Industry Members The Plastic Sector is enduring a strike since the 15th of October 2018, despite parties successfully concluding a collective agreement for plastic employers in the Plastic Negotiating Forum (PNF) on 17 June 2017. Please click here to view the current PNF Agreement.   Up to date, all negotiations have broken down between [...]

2018-11-08T13:49:13+00:00November 8th, 2018|Latest News|0 Comments

NUMSA to face R1mil Fine for Violent Strike – MEIBC Plastics Sector

Dear Industry Members On Friday 02 November 2018, employers within the plastics industry obtained an interim order from the Labour Court, placing NUMSA and certain senior officials in contempt of court.   According to the order, NUMSA faces a R1million fine, whereby the General Secretary, Irvin Jim may be liable to pay R100,000 in his [...]

2018-11-06T14:30:53+00:00November 6th, 2018|Latest News|Comments Off on NUMSA to face R1mil Fine for Violent Strike – MEIBC Plastics Sector

Incarcerated Employees have Rights

It happens quite often that an employee gets arrested for alleged criminal activities and/or is found guilty of criminal activity and ultimately incarcerated. Some employers then erroneously deem the employer/employee relationship to be automatically terminated. Unfortunately, an employee does not dismiss himself should he be incarcerated.   It is no employer’s wish to be associated [...]

2018-11-02T10:38:57+00:00November 2nd, 2018|General|Comments Off on Incarcerated Employees have Rights

Private Security Sector: New Sectoral Determination

Dear Industry Members As from yesterday, 01 November 2018, the new minimum wages as per the sectoral determination for the Private Security Sector comes into effect.   Please click here to view the new wages.   National Collective Bargaining Team   Queries / CEO Membership: For any queries of existing members, or enquiries on how [...]

2018-11-02T09:56:39+00:00November 2nd, 2018|Latest News|Comments Off on Private Security Sector: New Sectoral Determination

Dismissal for Misconduct and the onus at the CCMA: Workplace Rules

In dismissing an employee, the dismissal should have two fundamental characteristics. The dismissal should be substantively fair, this meaning that the Applicant should be dismissed for a good reason. The dismissal should also be procedurally fair, there should have been a fair internal process/hearing of which the Applicant had enough prior knowledge and also had [...]

2018-10-26T09:25:59+00:00October 26th, 2018|General|Comments Off on Dismissal for Misconduct and the onus at the CCMA: Workplace Rules

Disclosure of Relevant Documents (Rule 29 of the CCMA Rules)

Employers are aware of the two processes at the CCMA, namely conciliation and arbitration. Conciliation is a means of attempting to conciliate and settle the matter before the next process, namely Arbitration, follows.   Both the Applicant-employee and the Respondent-employer can request that the Arbitration does not proceed immediately after a Conciliation process has failed.  [...]

2018-10-19T11:01:00+00:00October 19th, 2018|General|2 Comments

Arguing of Tacit and Implied Terms in a Contract of Employment at the CCMA

Employers often find themselves in situations at the CCMA or a Bargaining Council where an applicant or a union alleges that a certain transgression made by an employee, was not stipulated in their contract of employment.   This issue is usually raised when an applicant alleges that a specific duty, does not form part of [...]

2018-10-19T11:01:51+00:00October 12th, 2018|Contracts|Comments Off on Arguing of Tacit and Implied Terms in a Contract of Employment at the CCMA

What rights do foreign nationals have without work permits?

It is common knowledge that employing a foreigner without a valid work permit is illegal and exposes an employer to fines and possible prosecution. Therefore, many employers upon discovering that they have employed a foreign national without a work permit or who has an expired work permit, usually panic and follow incorrect procedures which create [...]

2018-10-19T11:02:25+00:00October 5th, 2018|General|Comments Off on What rights do foreign nationals have without work permits?

Locus Standi

It has become “common law” in dispute resolution tribunals that, if an applicant opts to be represented by a trade union (hereafter referred to as “a/the union”), the union needs to prove that it has locus standi in such a dispute resolution tribunal, if questioned by a respondent, by producing the following documents, which are [...]

2018-10-19T11:04:06+00:00September 28th, 2018|General|Comments Off on Locus Standi

BCCEI Extension of Collective Agreements Effective from 24 September 2018

Dear Industry Members The Bargaining Council for the Civil Engineering Industry’s (BCCEI) Wage and Task Grade Collective Agreement and Conditions of Employment Collective Agreement has been published in the government gazette (Government Gazette Numbers 41888 and 41910).  This was the final stage of the extension process.  The effect is that these Agreements will come into [...]

2018-10-19T11:05:18+00:00September 21st, 2018|Latest News|Comments Off on BCCEI Extension of Collective Agreements Effective from 24 September 2018