Carlien Nienaber

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So far Carlien Nienaber has created 876 blog entries.

Shop Stewards and Representation Rights: Labour Court Upholds Company Policy

Schedule 8(4)(2) of the Labour Relations Act, the Code of Good Practice, states that an employee can be represented by a fellow employee or a union representative during a disciplinary hearing. However, the question arises: What is the situation with representation if the employee is the union representative in the workplace or, more commonly known, [...]

2024-07-15T09:18:16+02:00July 15th, 2024|General|0 Comments

Zero-Tolerance – Problematic Clauses in Employment Contracts

Upon appointment in a new position in a business or organisation, employees are usually issued employment contracts that contain a myriad of clauses, terms, and conditions. One such clause which often gets overlooked is the “zero tolerance approach to alcohol use”. In practice, intoxication is interpreted to mean “being under the influence of alcohol to [...]

2024-07-15T09:05:25+02:00July 15th, 2024|Theme|0 Comments

Movie Nights and Legal Rights | Kgolo Mofokeng

If you were to peek into Kgolo Mofokeng’s home on a cosy evening, you might find her snuggled on the couch with her son, sharing a bowl of popcorn and watching cartoons. For Kgolo, these movie nights are more than just a way to unwind—they are a cherished ritual that harks back to her own [...]

2024-07-08T17:05:41+02:00July 8th, 2024|Meet the Team|Comments Off on Movie Nights and Legal Rights | Kgolo Mofokeng

Raising the Bar: Suspected False Medical Certificates

A medical practitioner's medical certificate must fulfil specific requirements to be deemed a lawful medical certificate. The certificate should state that the employee is unable to perform their work duties due to sickness or injury. The medical certificate is required to be signed by a medical practitioner or any other person who is certified to [...]

2024-07-08T12:19:53+02:00July 8th, 2024|Sick Leave|Comments Off on Raising the Bar: Suspected False Medical Certificates

Discretionary Bonuses – Problematic Clauses in Employment Contracts

South African Labour Law does not provide for compulsory payment of bonuses unless the employer falls within the ambit of a specific Bargaining Council or if a particular company policy makes such a provision. Therefore, without a Policy or Bargaining Council regulating a particular industry, an employee has no automatic right to a bonus. The [...]

2024-07-08T11:14:19+02:00July 8th, 2024|Theme|Comments Off on Discretionary Bonuses – Problematic Clauses in Employment Contracts

Instructions to Work Overtime – Problematic Clauses in Employment Contracts

Working overtime is essential to an employer’s operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it, it is necessary to consider the lawfulness and reasonableness of the instruction. Although the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates the payment for overtime [...]

2024-06-27T14:05:35+02:00June 27th, 2024|Theme|Comments Off on Instructions to Work Overtime – Problematic Clauses in Employment Contracts

To Bump or Not to Bump

Due to our prevalent economic challenges, the topic of retrenchment has become a regular discussion topic in South Africa. It is more significant for employers to thoroughly understand the retrenchment process and the options available for consideration when challenged with a decision to retrench as their last resort. During retrenchment consultations, the generally accepted fair [...]

2024-06-27T13:51:03+02:00June 27th, 2024|General|Comments Off on To Bump or Not to Bump

Aletta Eksteen | Harmony!

Aletta Eksteen, an inspiring example of harmony and dedication, seamlessly blends her personal and professional life into a symphony of success. Born and raised in the charming town of Wellington, Aletta's upbringing was characterised by the warmth of a close-knit family and the ever-present melody of music. This unique environment cultivated a spirit of creativity, [...]

2024-06-24T10:22:47+02:00June 24th, 2024|Meet the Team|Comments Off on Aletta Eksteen | Harmony!

How “Immediate” Can a Resignation Without Notice Be

The legalities behind resignations and notice periods have been a source of confusion for employers. Often, employers are unsure whether the Basic Conditions of Employment Act 75 of 1997 (BCEA) takes precedence over the explicit terms of a contract of employment. Employers may also be uncertain about the implications of a resignation letter with the [...]

2024-06-24T09:48:48+02:00June 20th, 2024|Resignation|Comments Off on How “Immediate” Can a Resignation Without Notice Be

Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

The CCMA is often faced with matters where employees claim that their employer has made certain unlawful deductions from their salaries. This article seeks to unpack and clarify the current position in our law regarding deductions by an employer and the jurisdiction of the CCMA to hear such disputes. Until recently, the CCMA dealt with [...]

2024-06-20T14:17:20+02:00June 20th, 2024|General, Theme|Comments Off on Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA
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