Carlien Nienaber

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So far Carlien Nienaber has created 61 blog entries.

What are the rights a director is entitled to as an employee?

Defined in section 213 of the Labour Relations Act 66 of 1995 (as amended), it is stipulated that an employee is regarded as any person, excluding an independent contractor, who works for another person or the State and who receives or is entitled to receive any remuneration.  Or alternatively, any other person who in any [...]

2019-04-05T11:42:44+02:00April 5th, 2019|General|Comments Off on What are the rights a director is entitled to as an employee?

Organisational rights in the workplace and the requirements thereof

Organisational rights can best be described as a trade unions’ request made in writing, to represent employees in a workplace on a variety of different rights. Sections 12,13,14,15 and 16 of the Labour Relations Act 66 of 1995, dictate the most commonly sought rights by unions namely; access to the workplace, deduction of union levies, [...]

2019-03-29T13:01:32+02:00March 29th, 2019|General|Comments Off on Organisational rights in the workplace and the requirements thereof

The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

It has been nearly three months since the legislature has signed into law the Labour Relations Amendment Act (LRAA), Basic Conditions of Employment Amendment Act (BCEAA) and the National Minimum Wage Act (NMWA).   The BCEAA introduced several measures to enforce its provisions, including that of section 73A. The aforementioned section constitutes a significant extension [...]

2019-03-27T14:45:10+02:00March 22nd, 2019|General|Comments Off on The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

Burden of proof during arbitration proceedings dealing with dismissal cases

Ever wondered why the burden of proof shifts between the employer and the employee during dismissal arbitrations?   Section 192 of the Labour Relations Act No 66 of 1995 (as amended) stipulates the following: 1)         In any proceedings concerning any dismissal, the employee must establish the existence of the dismissal; 2)         If the existence of [...]

2019-03-15T09:55:21+02:00March 15th, 2019|Arbitration|Comments Off on Burden of proof during arbitration proceedings dealing with dismissal cases

Should an employee who resigns after being found guilty at a hearing be afforded the opportunity to refer an unfair dismissal dispute to the CCMA?

The Labour Court confirmed in Mafika v SA Broadcasting Corporation Ltd (2010) 5 BLLR 542 (LC), that a resignation is a unilateral termination of a contract of employment by the employee.   In a case before the Labour Appeal Court, Kynoch Fertilizers Limited v Webster (1998) 1 BLLR 27 (LAC), the employee was found guilty [...]

2019-03-08T09:36:33+02:00March 8th, 2019|Dismissal, Resignation|Comments Off on Should an employee who resigns after being found guilty at a hearing be afforded the opportunity to refer an unfair dismissal dispute to the CCMA?

The employment of foreign nationals in South Africa

When it comes to the provisions of the employment of a foreign national, the key Act’s concerning this practice is the Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014.   Section 38 of the Immigration Act clearly states that no person shall employ an illegal foreigner, a foreigner whose status [...]

2019-03-01T11:02:18+02:00March 1st, 2019|General|Comments Off on The employment of foreign nationals in South Africa

Code of Good Practice on Collective Bargaining, Strike Action and Picketing

In terms of Section 64(1) of the Labour Relation Act No. 66 of 1995 “LRA”, every employee has a right to strike, and every employer has a recourse to lockout.  The Code of Practice on Collective Bargaining, Industrial Action and Picketing was created to provide practical guidance on collective bargaining, the resolution of disputes of mutual interest [...]

2019-02-22T12:09:00+02:00February 22nd, 2019|Strikes|Comments Off on Code of Good Practice on Collective Bargaining, Strike Action and Picketing

Employers recourse against employees who give 24 hours notice

It may happen from time to time that an employee resigns and gives his or her employer 24 hours’ notice. This may leave the employer in a difficult situation where they have to incur costs to re-advertise the vacant post, spend time training the new employee and getting the new employee up to standard in [...]

2019-02-15T09:24:49+02:00February 15th, 2019|General|Comments Off on Employers recourse against employees who give 24 hours notice

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