Carlien Nienaber

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So far Carlien Nienaber has created 1123 blog entries.

Infographic: What to do when a subpoenaed witness turns against you

Subpoenaed witnesses play a critical role in CCMA arbitrations, but they do not always testify as expected. When a witness turns against the party who called them, it can materially affect the outcome of a case. Understanding subpoenas and the option to declare a witness hostile is essential for effective case management. By Carl Ranger [...]

2026-06-12T15:26:38+02:00June 12th, 2026|Infographics|Comments Off on Infographic: What to do when a subpoenaed witness turns against you

We’re Not a Family. We’re a Team (And That’s a Good Thing)

What Netflix’s Culture Teaches Us About Performance, Trust, and the Price of Excellence Every company loves to say, “We’re like a family.” It sounds warm, human, and safe. But let’s be honest, families don’t cut underperformers like a sports team would. Families forgive; teams compete. Families give you unconditional love; teams expect you to earn [...]

2026-06-11T15:47:18+02:00June 11th, 2026|General|Comments Off on We’re Not a Family. We’re a Team (And That’s a Good Thing)

Legal insight on delayed disciplinary hearings and unpaid suspension

Disciplinary procedures must be both fair and efficient. Prolonged delays not only undermine workplace discipline but can also prejudice employers. The Labour Court judgment in Strydom v ArcelorMittal South Africa provides important guidance on how delay tactics, particularly those caused by employees, can justify unpaid suspension. By Carl Ranger Head of Training at Consolidated Employers [...]

2026-06-08T09:20:30+02:00June 8th, 2026|Infographics|Comments Off on Legal insight on delayed disciplinary hearings and unpaid suspension

Does Calling Someone a Racist Amount to Racist Conduct

This article examines whether an employer may dismiss an employee merely for referring to another person as a racist. It further analyses the key lessons arising from Commercial Stevedoring Agricultural Allied Workers Union obo Qomoyi v Commission for Conciliation, Mediation and Arbitration and Others (CA18/2024) [2026] ZALAC 15. The judgment provides important guidance regarding workplace [...]

2026-06-04T16:43:06+02:00June 4th, 2026|General|Comments Off on Does Calling Someone a Racist Amount to Racist Conduct

Infographic: A necessary roadmap to a smoother arbitration

Pre-arbitration minutes play a critical role in arbitration proceedings. Once signed, they are binding agreements that define the issues in dispute, promote efficiency, and guide the commissioner. Employers often underestimate their legal weight - a mistake that can be costly. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)

2026-05-28T15:44:20+02:00May 28th, 2026|Infographics|Comments Off on Infographic: A necessary roadmap to a smoother arbitration

Petty Misconduct, Serious Consequences

A key issue in misconduct matters is distinguishing between mere wrongdoing and conduct that warrants dismissal. This distinction becomes especially important in cases involving petty misconduct, where the real question is not whether misconduct occurred, but whether dismissal is fair, proportionate, and justified. Too often, employers adopt the view that “stealing is stealing” and insist [...]

2026-05-28T15:39:38+02:00May 28th, 2026|General|Comments Off on Petty Misconduct, Serious Consequences

Ergonomics Beyond the Office

Labour-law frameworks were historically developed around conventional office-based employment structures. However, workplace arrangements have increasingly shifted toward hybrid and remote models, accelerated by the COVID-19 pandemic and reinforced by rising fuel and commuting costs. As employers continue to accommodate flexible working arrangements, uncertainty persists about the extent of occupational health and safety obligations in home-based [...]

2026-05-19T20:31:35+02:00May 19th, 2026|General|Comments Off on Ergonomics Beyond the Office

Infographic: A practical guide to managing underperformance

Underperformance is rarely resolved by rushing to discipline or dismissal. In most cases, identifying the cause and applying structured performance improvement measures leads to better outcomes for both the employee and the organisation. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)

2026-05-19T16:13:21+02:00May 19th, 2026|Infographics|Comments Off on Infographic: A practical guide to managing underperformance

There’s always a way!

Zolile Maphosa’s favourite book is The Monk Who Sold His Ferrari, and that choice tells you more about him than any job title ever could. It’s not a book for people who want chaos, noise, or drama for entertainment. It’s for people who like a clear head, a steady pace, and a life that makes [...]

2026-05-14T16:04:53+02:00May 14th, 2026|Meet the Team|Comments Off on There’s always a way!

Infographic: Why an Unsigned Contract Doesn’t Mean Casual Employment

“He never signed a contract, so he’s just a casual.” It’s a common refrain, and a dangerous misconception. In South African labour law, the absence of a signature rarely means the absence of an employment relationship. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)

2026-05-13T19:39:57+02:00May 13th, 2026|Infographics|Comments Off on Infographic: Why an Unsigned Contract Doesn’t Mean Casual Employment
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