Carlien Nienaber

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So far Carlien Nienaber has created 85 blog entries.

Is an employer restricted by the charges laid against an employee at a disciplinary enquiry or can an employee be found guilty of a competent verdict?

A recent Labour Appeal Court judgment has shed some interesting light on this question – EOH Abantu (Pty) Ltd v CCMA and others (JA4/18) 2019 ZALAC 57 (2019) 40 ILJ 2477 (LAC)   The brief facts of the case are as follows: The employee was employed at EOH Abantu (Pty) Ltd as a team leader [...]

2019-11-08T09:13:14+02:00November 8th, 2019|General|2 Comments

How to deal with an employee who absconds?

The word ‘absconding’ can best be described as an employee who has the intention to never return to work. In this instance, the employer has an obligation to first establish if the employee does not have an intention to return to work before dismissing the employee. The employer will not know whether the employee has [...]

2019-11-01T08:52:42+02:00November 1st, 2019|General|Comments Off on How to deal with an employee who absconds?

Legal Representation, the Constitutionality Dilemma

South African labour practice is constitutionally entrenched within Section 23 of the Constitution, which provides that every person is entitled to, amongst other things, the right to fair labour practices.  Section 23 is given effect in terms of the Labour Relations Act which provides for effective resolution of labour disputes.   The CCMA is created in [...]

2019-10-25T09:14:11+02:00October 25th, 2019|General, Labour Relations Act|2 Comments

Organisational Rights for Minority Unions

The most important change brought about by the amendments of the Labour Relations Amendment Act, No. 8 of 2018 (LRA) is the conferral of rights in terms of section 14 and section 16 to minority unions, which have in the past been given exclusively to majority unions. In addition, the amendments allow, if certain conditions [...]

2019-10-18T09:06:52+02:00October 18th, 2019|Labour Relations Act|Comments Off on Organisational Rights for Minority Unions

Inconsistency Does Not Always Equal Unfairness

In Workplace Law 12th Ed. John Grogan writes that one of the general requirements for a fair dismissal is consistency. For many years now, the labour courts have stressed the principle of equality of treatment of employees, the “parity principle”.   What this essentially means, is that it would be unfair for an employer to [...]

2019-10-11T08:46:05+02:00October 11th, 2019|Dismissal, General|Comments Off on Inconsistency Does Not Always Equal Unfairness

Consolidated Employers Organisation: Amendments/Additions to the Constitution

Amendment 1: Clause 25.2 of the Constitution be amended by deleting its content in its entirety and substituting it with the following:   25.2.1    Reasonable notice must be given to members of holding a ballot. The Notice of the ballot may be given to the members by direct communication which will include emails or SMSs.  [...]

2019-10-07T10:34:35+02:00October 7th, 2019|Latest News|Comments Off on Consolidated Employers Organisation: Amendments/Additions to the Constitution

Protected disclosure or protected person? What the protected disclosures act requires from an employer

The Protected Disclosures Act 26 of 2000 (“the PDA”) came into effect with its main purpose to create a culture which will facilitate the disclosure of information by employees relating to criminal and other irregular conduct in the workplace in a responsible manner by providing guidelines for the disclosure of such information and protection against [...]

2019-10-04T12:32:50+02:00October 4th, 2019|General|2 Comments

Employee testing positive for Cannabis while at the workplace

People may no longer be prosecuted for cultivating, possessing and using small amounts of Cannabis for private purposes. But what are the consequences for the workplace?   With reference to the latest Constitutional Court development where it was ruled that the private cultivation, possession and consumption of cannabis is legal, in the matter of Minister of [...]

2019-09-27T09:07:16+02:00September 27th, 2019|General|Comments Off on Employee testing positive for Cannabis while at the workplace

Resign or face Criminal Charges: Is that a fair option?

Employers are often faced with difficult situations when it comes to an employee being caught committing various acts of misconduct at the workplace. Certain acts of misconduct that are against the disciplinary code at a workplace are also in-fact against the laws of South Africa. Committing such an act of misconduct is not only an [...]

2019-09-20T09:03:28+02:00September 20th, 2019|General|Comments Off on Resign or face Criminal Charges: Is that a fair option?