Carlien Nienaber

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So far Carlien Nienaber has created 53 blog entries.

Unauthorised use of Company Property and the Employers Recourse

In general, when employers make property available to employees, it should be for work-related purposes and for the furtherance of their duties in the workplace. Employees may obtain permission from the employer to use company property for other purposes. Company property can be highly valuable and important for the proper running of business. It is, [...]

2019-02-08T12:30:02+02:00February 8th, 2019|General|Comments Off on Unauthorised use of Company Property and the Employers Recourse

The Admissability of a polygraph test as evidence at the CCMA

It often happens that when an employer suspects that an employee is involved in serious misconduct, the employer requests the employee to undergo a polygraph test and then dismiss the employee on the basis that the employee has failed that test.   The employer would assume that the employee must have been guilty of the [...]

2019-02-01T08:54:08+02:00February 1st, 2019|Dismissal|Comments Off on The Admissability of a polygraph test as evidence at the CCMA

Can claims for statutory money be dealt with in Arbitration proceedings before the CCMA?

An Arbitrator could previously only hear a matter i.t.o Section 74(2) of the Basic Conditions of Employment Act (BCEA) before the CCMA for any outstanding monies, if an employee had instituted proceedings for unfair dismissal and the claim had not yet prescribed.   This meant that if an employee had a claim for solely statutory [...]

2019-01-25T10:27:44+02:00January 25th, 2019|Arbitration|Comments Off on Can claims for statutory money be dealt with in Arbitration proceedings before the CCMA?

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+02:00January 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+02:00December 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+02:00December 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+02:00December 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+02:00November 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+02:00November 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+02:00November 16th, 2018|General|Comments Off on Double Jeopardy