About Carlien Nienaber

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So far Carlien Nienaber has created 646 blog entries.

Is reinstatement always the appropriate remedy?

One of the primary functions of the CCMA is to “keep employees employed”. Therefore, it is not surprising that reinstatement or re-employment is the primary remedy for an employee whose dismissal was unfair. Section 193 of the Labour Relations Act 66 of 1995 (hereinafter referred to as the LRA) provides that where an arbitrator finds [...]

2022-07-05T15:31:33+02:00July 5th, 2022|Dismissal|0 Comments

What is a Demarcation Dispute?

While the topic of demarcation disputes can sometimes seem as if they are shrouded as an enigma and can be rather technical in nature, the purpose of this article is to provide a concise and practical understanding of demarcation disputes as well as how an employer goes about referring a demarcation dispute. The CCMA defines [...]

2022-07-04T10:02:57+02:00July 4th, 2022|General|0 Comments

Dismissal for a WhatsApp message

WhatsApp is a popular means of communication; employers often create group chats within their Company to communicate instructions or share relevant company information. But what happens when an employee uses this means of communication to share his or her view of a topic that could ultimately affect the working environment? In a recent CCMA decision, [...]

2022-06-30T12:19:46+02:00June 30th, 2022|Dismissal|0 Comments

“That’s not what we agreed on,” Retrenchments and alternative employment

It is well known in South African Law that dismissals regarding operational requirements or retrenchments should be carried out as a last resort. Employers should always try to seek alternative measures in order to avoid retrenchments. In the case of Reeflords Property Development PTY LTD v Lauren Almeida (2022) 6 BLLR 530(LAC), the Labour Appeal [...]

2022-06-29T12:23:33+02:00June 29th, 2022|General|0 Comments

What can I do if I am unhappy with an arbitration award?

Arbitration awards are generally considered to be final and binding upon parties. There is no appeal process regarding arbitration awards, as is the case in criminal and civil courts. However, the Labour Relations Act 66 of 1995 provides an avenue for an aggrieved party to take a Commissioner’s decision at arbitration on review to the [...]

2022-06-27T10:59:48+02:00June 27th, 2022|Arbitration|Comments Off on What can I do if I am unhappy with an arbitration award?

What form of discipline should I follow when an employee commits an offence?

Disciplinary action can be taken against employees that have committed a form of misconduct. There are different forms of discipline, the form that will justify the offence depends on the seriousness of the offence and whether the employee has breached the particular rule before. The following forms of discipline can be used (in order of [...]

2022-06-22T10:10:32+02:00June 22nd, 2022|General|2 Comments

The Proof is in the Pudding | Zinta Coetzer

After the idea of frozen yoghurt was conceived by an American entrepreneur in the early 1970’s, the popular alternative to ice cream experienced a major upsurge in popularity, thanks largely to a new health craze in the 80’s and 90’s. Inevitably though, the dessert’s star would fade, and frozen yoghurt businesses around the world - [...]

2022-06-22T09:50:20+02:00June 22nd, 2022|Meet the Team|Comments Off on The Proof is in the Pudding | Zinta Coetzer

Calculation of an employee’s remuneration

The South African Revenue Service defines remuneration as any amount of income which is paid or is payable to any person by way of any salary, leave pay, wage, overtime pay, bonus, gratuity, commission, fee, emolument, pension, superannuation allowance, retiring allowance or stipend, whether in cash or otherwise and whether or not in respect of [...]

2022-06-21T15:27:00+02:00June 21st, 2022|General|Comments Off on Calculation of an employee’s remuneration

What does a Compensation Award mean?

In circumstances where conciliation is not possible in a dispute, and the aggrieved party wishes to proceed further with their matter, they may do so by requesting the matter to be set down for arbitration. Once the arbitration process commences, an arbitrator has two primary options after evaluating the evidence placed before them: do they [...]

2022-06-20T11:48:30+02:00June 20th, 2022|General|Comments Off on What does a Compensation Award mean?

Can I retrench an employee on a fixed-term contract?

Employers have the right to retrench employees. This is regulated by Section 189 and 189A of the Labour Relations Act 66 of 1995. Due to the current economic climate, retrenchments have become more frequent for obvious reasons. Employers should ensure that their fixed-term contracts are managed correctly to avoid disputes, should they need to make [...]

2022-06-15T12:31:49+02:00June 15th, 2022|Contracts|Comments Off on Can I retrench an employee on a fixed-term contract?
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