Carlien Nienaber

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So far Carlien Nienaber has created 40 blog entries.

The Con/Arb Process and the Objection thereof

Primarily the CCMA has two main processes, namely Conciliation and Arbitration.   At Conciliation an attempt will be made for the parties to reconcile their differences and settle the dispute between them. This settlement and terms thereof are at the discretion of the parties involved, being the Applicant (Employee) and the Respondent (Employer). Should the [...]

2019-01-11T11:08:48+00:00January 11th, 2019|General|Comments Off on The Con/Arb Process and the Objection thereof

Motor Component Manufacturing Demarked

Dear Industry Members The Labour Court has ruled that certain employers engaged in the Motor Component Manufacturing Sector are demarked to the Motor Industry Bargaining Council (MIBCO) and not to the Metal Engineering Bargaining Council (MEIBC).  This is determined specifically by how an employer is engaged within the industries.  Please click here to view the [...]

2018-12-10T14:00:28+00:00December 10th, 2018|Latest News|Comments Off on Motor Component Manufacturing Demarked

Constructive Dismissal – An Objective Test

Constructive dismissal is a statutory form of dismissal which is defined by Section 186 (1)(e) of the Labour Relations Act (LRA), as the termination of the contract of employment by the employee with or without notice due to the fact that the employer had made the continued employment relationship intolerable for the employee.   The [...]

2018-12-10T10:58:20+00:00December 10th, 2018|General|Comments Off on Constructive Dismissal – An Objective Test

Unfair Discrimination on an Arbitrary Ground

Section 6(1) of the Employment Equity Act, as amended states that: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, [...]

2018-12-03T14:06:22+00:00December 3rd, 2018|General|Comments Off on Unfair Discrimination on an Arbitrary Ground

MEIBC – Publication of the Pension and Provident Fund Agreements

Please note that the MEIBC’s Pension / Provident Fund Agreements have been gazetted which extends the agreements to non-parties within the industry.  Please also note that CEO and its members have been a party to these agreements since 06 June 2016. Click on links below to view the Agreements: Pension Fund Agreement Provident Fund Agreement

2018-11-27T11:00:49+00:00November 27th, 2018|General, Latest News|Comments Off on MEIBC – Publication of the Pension and Provident Fund Agreements

The National Minimum Wage Bill

The South African labour market is characterised by high levels of inequality, unemployment and poverty. Due to such a characterisation, the South African National Minimum Wage (NMW) will be introduced as one of the measures to reduce these levels.   The implementation of a NMW is drawing closer. The official bill has recently been adopted [...]

2018-11-23T09:07:07+00:00November 23rd, 2018|Wages|Comments Off on The National Minimum Wage Bill

Double Jeopardy

When an employee causes damage to the property of the employer or the employee causes the employer to suffer a loss, the employer might find themselves in a position where they would not only want to take disciplinary action against the employee, but also recover the loss or damage suffered.   This then begs the [...]

2018-11-16T10:26:41+00:00November 16th, 2018|General|Comments Off on Double Jeopardy

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|Comments Off on MEIBC Request for Urgent Mandate from Plastic Industry Members

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