Carlien Nienaber

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So far Carlien Nienaber has created 1123 blog entries.

Infographic: Employer Responsibilities for Uniforms & Protective Clothing

Employers often confuse uniforms with protective clothing, yet the legal distinction is critical when determining who bears the cost. Recent CCMA arbitration confirms clear obligations under labour legislation, particularly in the retail sector. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)

2026-04-07T18:05:28+02:00April 7th, 2026|Infographics|Comments Off on Infographic: Employer Responsibilities for Uniforms & Protective Clothing

Equal Pay for Work: Does a differentiation in pay always amount to unfair discrimination?

It is well established within the Employment Equity Act (EEA) that employees should not be unfairly discriminated against within the employment relationship. However, an important question arises: does the EEA apply in a blanket manner to all instances of pay differentiation, or can certain operational realities justify differences in remuneration? The Facts In Association of [...]

2026-04-07T17:50:28+02:00April 7th, 2026|General|Comments Off on Equal Pay for Work: Does a differentiation in pay always amount to unfair discrimination?

“One Hundred Years of Getting It Done” – Meet Taryn Terblanche

If Taryn Terblanche’s favourite book is One Hundred Years of Solitude, it’s probably not because she’s keen on gloom - it’s because she understands the weird, wonderful truth that life isn’t neat. It’s chaotic, circular, occasionally absurd and somehow still full of laughter and love. Which makes it the perfect metaphor for a woman who [...]

2026-04-02T21:59:21+02:00April 2nd, 2026|Meet the Team|Comments Off on “One Hundred Years of Getting It Done” – Meet Taryn Terblanche

Zero-Tolerance Alcohol Policies: Why a Positive Test Alone Is Not Enough

Introduction This article considers the Labour Court of South Africa judgment in CIPLA v Mwale & Others (C424/24) [2026] ZALCCT 22 (“Mwale”). The case addresses the fairness of dismissals arising from the enforcement of zero-tolerance alcohol policies, with particular focus on the evidentiary burden placed on employers. It highlights a critical issue: whether a positive [...]

2026-04-01T16:12:55+02:00April 1st, 2026|Dismissal|Comments Off on Zero-Tolerance Alcohol Policies: Why a Positive Test Alone Is Not Enough

Infographic: Balancing Incentives and Workplace Equity

Discretionary bonuses and 13th cheques are commonly used to reward performance and motivate employees. While employers have broad discretion in awarding these benefits, that discretion must be exercised fairly, consistently, and transparently to avoid disputes. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)

2026-04-01T16:02:59+02:00April 1st, 2026|Infographics|Comments Off on Infographic: Balancing Incentives and Workplace Equity

Is Consultation and Public Participation Enough – Labour Law Amendment Bill

Introduction Labour relations in South Africa have always been dynamic. This is driven by the modernisation of workplaces, evolving economic realities, social pressures, and changing interpretations of legislation. Recent developments, including proposed amendments to the Labour Relations Act 66 of 1995, reflect an ongoing effort to modernise labour law. In labour relations, adaptability is essential [...]

2026-03-26T16:12:01+02:00March 26th, 2026|General|Comments Off on Is Consultation and Public Participation Enough – Labour Law Amendment Bill

Infographic: When Failure to Appoint Becomes a Legal Risk

Employers generally enjoy discretion in recruitment decisions – but that discretion is not unlimited. Where appointment decisions are unfair, irrational, or discriminatory, employers may face legal consequences. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)

2026-03-26T15:55:37+02:00March 26th, 2026|Infographics|Comments Off on Infographic: When Failure to Appoint Becomes a Legal Risk

Infographic: Confronting Workplace Bullying

Workplace bullying is not just a human resources issue; it is a serious legal risk. The High Court judgment in Louw v Netcare Universitas Hospital confirms that employer inaction in the face of bullying can result in significant civil liability, well beyond the CCMA or Labour Court. By Carl Ranger Head of Training at Consolidated [...]

2026-03-23T11:32:52+02:00March 23rd, 2026|Infographics|Comments Off on Infographic: Confronting Workplace Bullying

Insolence vs Insubordination: Why the Distinction Matters for Employers

Insolence and insubordination often appear together in workplace disciplinary matters, but they are not the same offence. Insolence generally refers to rude, disrespectful, or contemptuous behaviour towards an employer or manager. Insubordination, by contrast, involves the deliberate refusal to obey a lawful and reasonable instruction. While these forms of misconduct are closely related, Courts have [...]

2026-03-18T20:17:08+02:00March 18th, 2026|General|Comments Off on Insolence vs Insubordination: Why the Distinction Matters for Employers

Infographic: When Does Wasting Time Become a Dismissible Offence?

While serious misconduct is easy to spot, time theft is far more subtle and increasingly common. From excessive social media use to extended breaks, employers often struggle to determine when wasted time crosses the line into misconduct, justifying dismissal. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)

2026-03-12T10:20:22+02:00March 12th, 2026|Infographics|Comments Off on Infographic: When Does Wasting Time Become a Dismissible Offence?
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