About Carlien Nienaber

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So far Carlien Nienaber has created 486 blog entries.

Disciplinary procedures short of dismissal

All employers should adopt disciplinary rules that establish the standard of conduct required of their employees. The form and content of disciplinary rules will obviously vary according to the size and nature of the employer’s business. In general, a larger business will require a more formal approach to discipline. An employer’s rules must create certainty [...]

2021-07-28T17:04:53+02:00July 28th, 2021|General|0 Comments

Are employers entitled to appeal the finding of a Chairperson where such finding was issued to the employee on the spot?

An employee was given a final written warning "on-the-spot" by the chairperson after being found guilty of misconduct at a disciplinary hearing. The employer is unhappy with the sanction and lodges an appeal to have the sanction overturned and subsequently changed to a summary dismissal. Would this amount to "double jeopardy" since the employee has [...]

2021-07-28T12:40:12+02:00July 28th, 2021|General|0 Comments

Collective Bargaining – The Art of Negotiation

Once an employer receives the letter demanding higher wages, an increase in pension fund contributions and an endless number of benefits, the inevitable threat of a strike is looming. The collective bargaining process ensues from here. The trade union and the employer try to negotiate at a plant level to reach an agreement. When the [...]

2021-07-26T09:49:39+02:00July 26th, 2021|Strikes|Comments Off on Collective Bargaining – The Art of Negotiation

Is a striking employee entitled to retrospective reinstatement with backpay?

Where an employee is found to be unfairly dismissed, the court or an arbitrator may order that the employer reinstate, re-employ or order that the employer pay compensation to the employee. This article seeks to address the difference between an order to reinstate with backpay and to pay compensation to the employee. Even though the [...]

2021-07-22T12:39:42+02:00July 22nd, 2021|Strikes|Comments Off on Is a striking employee entitled to retrospective reinstatement with backpay?

AARTO – An administrative rather than a criminal process

The Administrative Adjudication of Road Traffic Offences Act of 2019 hereafter, referred to as (“AARTO”) regulates the administrative process for motorised traffic violations with the allocation of demerit points and penalty fines. The system introduces a 15-point system for motorists whereby, a penalty can be imposed on a motorist, operator or owner of a vehicle [...]

2021-07-21T13:50:21+02:00July 21st, 2021|General|Comments Off on AARTO – An administrative rather than a criminal process

Avoiding a strike scenario by concluding a collective agreement

Collective bargaining is the process of negotiations through which a trade union tries to get an employer to formally agree and accept the workplace demands that workers put forward. Workplace demands can include wages, working conditions, union rights, etc. The aim of collective bargaining is to reach an amicable agreement on the workplace demands and [...]

2021-07-19T09:50:35+02:00July 19th, 2021|General, Strikes|Comments Off on Avoiding a strike scenario by concluding a collective agreement

Voluntary Retrenchments

A voluntary retrenchment is, in essence, an alternative to a forced retrenchment, whereby an employee volunteers and agrees to be retrenched and subsequently waives his or her rights arising from the termination of his or her services. Upon starting with the retrenchment process as prescribed by Section 189 of the Labour Relations Act 66 of [...]

2021-07-15T21:50:30+02:00July 15th, 2021|General|Comments Off on Voluntary Retrenchments

Resignations in the “Heat of the Moment”

It often happens, that employees, after having tendered their resignation, will refer a dismissal dispute at the CCMA and claim that they were in fact dismissed by the employer. At first glance, these disputes appear to be unproblematic as the employer intends to argue that they had no part to play in the termination of [...]

2021-07-14T11:26:42+02:00July 14th, 2021|Resignation|Comments Off on Resignations in the “Heat of the Moment”

Effective negotiations on the factory floor

Consolidated Employers Organisations' theme for the month of July is how best to resolve collective bargaining disputes.  In our previous article, we addressed building an effective collective bargaining relationship with trade unions or worker representatives.  This article focuses on some key aspects that must be considered when the employer and trade union meet around the [...]

2021-07-12T13:15:50+02:00July 12th, 2021|General|Comments Off on Effective negotiations on the factory floor
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