The enforcement of restraint of trade agreements in employment relationships : a legal analysis
- Authors: Mparutsa, Tinotenda Ruvimbo
- Date: 2021
- Subjects: Labor contract , Industrial relations , Restraint of trade
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/484689 , uj:44031
- Description: Abstract: In a competitive global marketplace, companies are relentless in their search for the best and most-skilled employees to help their businesses excel. It is chiefly for this reason that many contracts of employment contain restrictive covenants to safeguard employers, upon an employee’s departure, against losing potential and existing clients or the disclosure of their in-house strategies and trade secrets. Often times, as evidenced from case law addressing the enforceability of restrictive covenants, it is the employee who terminates his or her contract of employment with the hope of advancing his or her career or improving his or her financial prospects at his or her employer’s competitor in the marketplace. In other cases, it is the employer who terminates the employment relationship and the employee either “sets up shop” or seeks employment elsewhere. The latter scenario stands quite uniquely from the former as it is brought about through no fault or thrust of the employee... , LL.M. (Labour Law)
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- Authors: Mparutsa, Tinotenda Ruvimbo
- Date: 2021
- Subjects: Labor contract , Industrial relations , Restraint of trade
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/484689 , uj:44031
- Description: Abstract: In a competitive global marketplace, companies are relentless in their search for the best and most-skilled employees to help their businesses excel. It is chiefly for this reason that many contracts of employment contain restrictive covenants to safeguard employers, upon an employee’s departure, against losing potential and existing clients or the disclosure of their in-house strategies and trade secrets. Often times, as evidenced from case law addressing the enforceability of restrictive covenants, it is the employee who terminates his or her contract of employment with the hope of advancing his or her career or improving his or her financial prospects at his or her employer’s competitor in the marketplace. In other cases, it is the employer who terminates the employment relationship and the employee either “sets up shop” or seeks employment elsewhere. The latter scenario stands quite uniquely from the former as it is brought about through no fault or thrust of the employee... , LL.M. (Labour Law)
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New methods of engagement : a case study on spiral dynamics to improve union-employer relationships
- Authors: King, Philippa Josephine
- Date: 2020
- Subjects: Personnel management , Labor unions , Industrial relations
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/416496 , uj:35234
- Description: M.Phil. , Abstract: South Africa has a reputation as the strike capital of the world, and industrial action is a key identified risk facing South Africa. Described as a cycle of value destruction, industrial action not only impacts companies and their performance, but also workers and their dependants (Soko & Balchin, 2014). While some issues are resolved at bargaining council level, many problems facing companies and their workforce need to be creatively resolved through effective engagement between employers and unions. Spiral Dynamics is a development theory that argues that individuals and groups have different thinking or value systems, and that this impacts their behaviour, perceptions, and approaches. While Spiral Dynamics has been applied widely in South Africa by, amongst others, Volckmann and Beck (2011), Laubscher 2013), Viljoen (2015), and Salters (2011), there are limited studies on its application in union and employer engagements. This study examined to what extent Spiral Dynamics as a tool could be applied to enhance understanding of union-employer engagements for all stakeholders. The aim was to contribute to the growing body of research around industrial action in South Africa, focusing, however, on ways to proactively improve union‒employer engagements and minimise conflict. A qualitative, exploratory, phenomenological research approach was applied to a specific case. Primary data were collected by means of content analysis, direct observations, semi-structured interviews, and the application of spiral dynamics. A total of 37 employer‒union engagements were observed, and semi-structured interviews were conducted with 16 participants on their perceptions of the engagements. The study highlights the importance of the history and context of the relationship and the impact it has on the effectiveness of the engagements between employer and union. A map of the engagements was developed and overlaid onto Kraybill’s Cycle of Reconciliation (1995). This highlighted the importance of understanding reconciliation, not as a once-off activity, but as a process, and, specifically, the importance of two key steps: (1) jointly understanding of the need to separate...
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- Authors: King, Philippa Josephine
- Date: 2020
- Subjects: Personnel management , Labor unions , Industrial relations
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/416496 , uj:35234
- Description: M.Phil. , Abstract: South Africa has a reputation as the strike capital of the world, and industrial action is a key identified risk facing South Africa. Described as a cycle of value destruction, industrial action not only impacts companies and their performance, but also workers and their dependants (Soko & Balchin, 2014). While some issues are resolved at bargaining council level, many problems facing companies and their workforce need to be creatively resolved through effective engagement between employers and unions. Spiral Dynamics is a development theory that argues that individuals and groups have different thinking or value systems, and that this impacts their behaviour, perceptions, and approaches. While Spiral Dynamics has been applied widely in South Africa by, amongst others, Volckmann and Beck (2011), Laubscher 2013), Viljoen (2015), and Salters (2011), there are limited studies on its application in union and employer engagements. This study examined to what extent Spiral Dynamics as a tool could be applied to enhance understanding of union-employer engagements for all stakeholders. The aim was to contribute to the growing body of research around industrial action in South Africa, focusing, however, on ways to proactively improve union‒employer engagements and minimise conflict. A qualitative, exploratory, phenomenological research approach was applied to a specific case. Primary data were collected by means of content analysis, direct observations, semi-structured interviews, and the application of spiral dynamics. A total of 37 employer‒union engagements were observed, and semi-structured interviews were conducted with 16 participants on their perceptions of the engagements. The study highlights the importance of the history and context of the relationship and the impact it has on the effectiveness of the engagements between employer and union. A map of the engagements was developed and overlaid onto Kraybill’s Cycle of Reconciliation (1995). This highlighted the importance of understanding reconciliation, not as a once-off activity, but as a process, and, specifically, the importance of two key steps: (1) jointly understanding of the need to separate...
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The relationship between perceived organizational support for strength use and the imposter phenomenon
- Authors: Bila, Khongelani Antonnet
- Date: 2019
- Subjects: Industrial relations , Employee motivation , Work - Psychological aspects , Identity (Psychology) , Organizational sociology , Organizational behavior
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/448602 , uj:39363
- Description: Abstract: Previous initiatives to increase employee well-being and performance were limited to training and coaching. Recent studies have sought to examine the benefits of taking a strength-based approach to employee well-being and performance. Employees who perceive their organisation to be in support of their strengths often feel more committed toward the organisation itself (organisational identity) and the work roles they hold within the organisation (work identity). When this is not the case, employees may begin to experience feelings of fraudulence or inadequacy in their role (imposter phenomenon). This study aimed to investigate the mediating effects of organisational identity and work identity on perceived organisational support for strength use (POSSU) and the imposter phenomenon, using tenure as a moderator for middle career stage and late career stage employees. The study sample (n = 284) completed the Strength Use and Deficit Correction (SUDCO) questionnaire, Organisational Identification questionnaire, the Tilburg Scale for Work Identity Commitment and Reconsideration of Commitment (TWIS-CRC), and the Clance Imposter Phenomenon Scale (CIPS). This study was quantitative in nature and the Multivariate Analysis of Variance (MANOVA) showed that there were differences between groups, though these differences were minor. The path analysis indicated that organisational identity and work identity fully mediate the relationship between POSSU and the imposter phenomenon... , M.Com. (Industrial Psychology)
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- Authors: Bila, Khongelani Antonnet
- Date: 2019
- Subjects: Industrial relations , Employee motivation , Work - Psychological aspects , Identity (Psychology) , Organizational sociology , Organizational behavior
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/448602 , uj:39363
- Description: Abstract: Previous initiatives to increase employee well-being and performance were limited to training and coaching. Recent studies have sought to examine the benefits of taking a strength-based approach to employee well-being and performance. Employees who perceive their organisation to be in support of their strengths often feel more committed toward the organisation itself (organisational identity) and the work roles they hold within the organisation (work identity). When this is not the case, employees may begin to experience feelings of fraudulence or inadequacy in their role (imposter phenomenon). This study aimed to investigate the mediating effects of organisational identity and work identity on perceived organisational support for strength use (POSSU) and the imposter phenomenon, using tenure as a moderator for middle career stage and late career stage employees. The study sample (n = 284) completed the Strength Use and Deficit Correction (SUDCO) questionnaire, Organisational Identification questionnaire, the Tilburg Scale for Work Identity Commitment and Reconsideration of Commitment (TWIS-CRC), and the Clance Imposter Phenomenon Scale (CIPS). This study was quantitative in nature and the Multivariate Analysis of Variance (MANOVA) showed that there were differences between groups, though these differences were minor. The path analysis indicated that organisational identity and work identity fully mediate the relationship between POSSU and the imposter phenomenon... , M.Com. (Industrial Psychology)
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Employability of tourism graduates : a three-way partnership
- Authors: Wakelin-Theron, Nicola
- Date: 2018
- Subjects: Tourism - Employees , Industrial relations , Employability
- Language: English
- Type: Doctoral (Thesis)
- Identifier: http://hdl.handle.net/10210/291984 , uj:31724
- Description: Ph.D. (Employee Relations) , Abstract: Tourism is one of the fastest-growing, labour-intensive, people-centred industries, and has immense potential. Graduate unemployment, the historical development of the tourism industry, human resource development, tourism education and graduate employability, as well as the nature of South Africa’s economic growth and related constraints within the tourism industry have been widely debated. Consequently, higher education institutions (HEIs) are under increasing pressure to equip graduates with the necessary knowledge, skills, and attributes that would make them employable and highly versatile in various tourism sectors. This objectives of this study were to establish tourism graduates’ perceptions and the tourism industry’s experience regarding graduates’ employability attributes, as well as to identify the perception of tourism graduates and the tourism industry of the important knowledge and skills required in this industry. In addition, the study aimed to establish how tourism graduates perceive their abilities in terms of knowledge and skills, and how the tourism industry evaluates tourism graduates’ actual abilities. Lastly, the objective was to understand the current practices and perspectives of various HEIs, the tourism industry, and tourism graduates regarding knowledge, skills, and employability attributes. The research adopted a sequential explanatory mixed-method approach, which entailed combining quantitative and qualitative methods (Ivankova et al., 2006). In Phase 1, questionnaires were administered to 561 respondents. In Phase 2, semi-structured interviews were conducted with 12 participants who were purposively selected from tourism graduates working in the tourism industry, tourism academics, and experts from the tourism industry. An interview guide was utilised to direct the interaction to investigate these stakeholders’ perspectives and practices. This study found that the tourism industry’s experience of graduates’ employability attributes differs from the perception of tourism graduates. The tourism industry and...
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- Authors: Wakelin-Theron, Nicola
- Date: 2018
- Subjects: Tourism - Employees , Industrial relations , Employability
- Language: English
- Type: Doctoral (Thesis)
- Identifier: http://hdl.handle.net/10210/291984 , uj:31724
- Description: Ph.D. (Employee Relations) , Abstract: Tourism is one of the fastest-growing, labour-intensive, people-centred industries, and has immense potential. Graduate unemployment, the historical development of the tourism industry, human resource development, tourism education and graduate employability, as well as the nature of South Africa’s economic growth and related constraints within the tourism industry have been widely debated. Consequently, higher education institutions (HEIs) are under increasing pressure to equip graduates with the necessary knowledge, skills, and attributes that would make them employable and highly versatile in various tourism sectors. This objectives of this study were to establish tourism graduates’ perceptions and the tourism industry’s experience regarding graduates’ employability attributes, as well as to identify the perception of tourism graduates and the tourism industry of the important knowledge and skills required in this industry. In addition, the study aimed to establish how tourism graduates perceive their abilities in terms of knowledge and skills, and how the tourism industry evaluates tourism graduates’ actual abilities. Lastly, the objective was to understand the current practices and perspectives of various HEIs, the tourism industry, and tourism graduates regarding knowledge, skills, and employability attributes. The research adopted a sequential explanatory mixed-method approach, which entailed combining quantitative and qualitative methods (Ivankova et al., 2006). In Phase 1, questionnaires were administered to 561 respondents. In Phase 2, semi-structured interviews were conducted with 12 participants who were purposively selected from tourism graduates working in the tourism industry, tourism academics, and experts from the tourism industry. An interview guide was utilised to direct the interaction to investigate these stakeholders’ perspectives and practices. This study found that the tourism industry’s experience of graduates’ employability attributes differs from the perception of tourism graduates. The tourism industry and...
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Leadership intent and employee contextual performance
- Authors: Leclezio, Jennifer Ann
- Date: 2018
- Subjects: Leadership - Psychological aspects , Leadership - Moral and ethical aspects , Intention , Industrial relations , Personnel management
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/295913 , uj:32232
- Description: Abstract: Leadership that is both ethical and effective is needed in the world more than ever. This is especially true in an organisational context, with CEO’s reporting that leadership remains the most pressing issue, particularly in relation to good organisational citizenship by employees. The question of what constitutes good leadership, and therefore how to identify and cultivate good leaders, has led to a proliferation of academic research. Recent leadership theories intimate that good leadership requires something more essential than innate personality traits or outward behaviours. This essential element could be explained as a ‘withinperson’ criterion. Consideration of the construct of intent as a possible descriptor for this ‘within-person’ criterion may be helpful. Intent is defined as the deeper motive of the leader, and the purpose of this study was to explore and describe the implications of intent on leadership and employee contextual performance. This study was conducted within the paradigm of the Personal and Professional Leadership (PPL) model against the backdrop of toxic and servant leadership theories. A qualitative research design, underpinned by a social constructionist ontological methodology was followed. Semi-structured interviews were conducted with nine purposively selected senior managers who described their subjective experiences within an organisational context. The data analysis considered four co-creators of meaning; the researcher, the participants, an independant coder, and the literature. The researcher and the independent coder used an adaption of Tesch’s eight steps of open-coding to code the data. A consensus discussion compared the two analyses and confirmed the findings. A review of prevailing literature followed and was used to check the findings from the analysis and answer the research questions. The study identified descriptors for the bad leader as malevolent and the good leader as benevolent. The malevolent leader was characterised by a self-serving intent leading to unhappy, disengaged employees who focused on complying. Conversely, the benevolent leader was characterised by an intent to serve, leading to positive and accountable employees who exceeded expectations and emulated the leader. Employee contextual performance was therefore only evident where the leader’s... , M.Phil.
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- Authors: Leclezio, Jennifer Ann
- Date: 2018
- Subjects: Leadership - Psychological aspects , Leadership - Moral and ethical aspects , Intention , Industrial relations , Personnel management
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/295913 , uj:32232
- Description: Abstract: Leadership that is both ethical and effective is needed in the world more than ever. This is especially true in an organisational context, with CEO’s reporting that leadership remains the most pressing issue, particularly in relation to good organisational citizenship by employees. The question of what constitutes good leadership, and therefore how to identify and cultivate good leaders, has led to a proliferation of academic research. Recent leadership theories intimate that good leadership requires something more essential than innate personality traits or outward behaviours. This essential element could be explained as a ‘withinperson’ criterion. Consideration of the construct of intent as a possible descriptor for this ‘within-person’ criterion may be helpful. Intent is defined as the deeper motive of the leader, and the purpose of this study was to explore and describe the implications of intent on leadership and employee contextual performance. This study was conducted within the paradigm of the Personal and Professional Leadership (PPL) model against the backdrop of toxic and servant leadership theories. A qualitative research design, underpinned by a social constructionist ontological methodology was followed. Semi-structured interviews were conducted with nine purposively selected senior managers who described their subjective experiences within an organisational context. The data analysis considered four co-creators of meaning; the researcher, the participants, an independant coder, and the literature. The researcher and the independent coder used an adaption of Tesch’s eight steps of open-coding to code the data. A consensus discussion compared the two analyses and confirmed the findings. A review of prevailing literature followed and was used to check the findings from the analysis and answer the research questions. The study identified descriptors for the bad leader as malevolent and the good leader as benevolent. The malevolent leader was characterised by a self-serving intent leading to unhappy, disengaged employees who focused on complying. Conversely, the benevolent leader was characterised by an intent to serve, leading to positive and accountable employees who exceeded expectations and emulated the leader. Employee contextual performance was therefore only evident where the leader’s... , M.Phil.
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Collective engagement and stakeholder strategy for harmonious labour relations in a mining organisation
- Authors: Madlala, Popi Chesley
- Date: 2017
- Subjects: Industrial relations , Mineral industries - Personnel management
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/237663 , uj:24353
- Description: M.Phil. (Employment Relations) , Abstract: Collective engagement in South Africa continues to be a labour pain and a national crisis. The current collective engagement status is a major concern and there are no indications that the major collective engagement stakeholders are taking strides or making strategic changes towards harmonious labour relations, especially in the mining sector. If the situation is left unattended, the Marikana experience will repeat itself. Critical to the change management process is a strategy review, improvement for better labour relations and creating a harmonious employee-employer environment in the mining sector. Empirical research was conducted to explore whether the key collective engagement stakeholders at Kumba Iron Ore Mine have a sound strategy for creating harmonious labour relations between employees and management. The qualitative research method was used with the semi-structured interview instrument for data collection. Participants included shop stewards, trade union officials, labour relations professionals, labour law experts and employer representatives. Data was analysed using ATLAS ti software, version 7. The outcome of the study was the identification of seven second-order themes, obtained from the perspective of different stakeholders. These are: structured and purposeful engagements; outcome-driven strategy; trustworthy collective engagement process; mutual desire for peaceful collective engagement process; objective approach; ideological differences; and considerate collective engagements. Recommendations are made to legislation, trade unions, and employers, where it is suggested that a collaborative approach in strategy setting is adopted to map out a more harmonious employment relations future for union-employer relations and partnerships.
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- Authors: Madlala, Popi Chesley
- Date: 2017
- Subjects: Industrial relations , Mineral industries - Personnel management
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/237663 , uj:24353
- Description: M.Phil. (Employment Relations) , Abstract: Collective engagement in South Africa continues to be a labour pain and a national crisis. The current collective engagement status is a major concern and there are no indications that the major collective engagement stakeholders are taking strides or making strategic changes towards harmonious labour relations, especially in the mining sector. If the situation is left unattended, the Marikana experience will repeat itself. Critical to the change management process is a strategy review, improvement for better labour relations and creating a harmonious employee-employer environment in the mining sector. Empirical research was conducted to explore whether the key collective engagement stakeholders at Kumba Iron Ore Mine have a sound strategy for creating harmonious labour relations between employees and management. The qualitative research method was used with the semi-structured interview instrument for data collection. Participants included shop stewards, trade union officials, labour relations professionals, labour law experts and employer representatives. Data was analysed using ATLAS ti software, version 7. The outcome of the study was the identification of seven second-order themes, obtained from the perspective of different stakeholders. These are: structured and purposeful engagements; outcome-driven strategy; trustworthy collective engagement process; mutual desire for peaceful collective engagement process; objective approach; ideological differences; and considerate collective engagements. Recommendations are made to legislation, trade unions, and employers, where it is suggested that a collaborative approach in strategy setting is adopted to map out a more harmonious employment relations future for union-employer relations and partnerships.
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Efficacy in the application of the reasonable commissioner’s approach as per the Sidumo doctrine in dishonest conduct
- Authors: Poto, Dimakatso Klaas
- Date: 2017
- Subjects: South Africa. Commission for Conciliation, Mediation, and Arbitration , South Africa. Constitutional Court , Industrial relations , Dispute resolution (Law) - South Africa
- Language: English
- Type: Doctoral (Thesis)
- Identifier: http://hdl.handle.net/10210/246369 , uj:25540
- Description: Ph.D. , Abstract: This study concerned an investigation into efficacy in the application of the “reasonable commissioner’s approach”, in terms of the Sidumo doctrine, on sanction for dishonest conduct. The Constitutional Court decision in Sidumo introduced the “reasonable commissioner’s approach” which formulated the Sidumo doctrine as a test to determine the fairness of sanction. The aim of the study was to analyse the exercise of value judgment by CCMA commissioners in order to identify decisions that do not meet the reasonableness criterion and develop a model for effective application of the “reasonable commissioner’s approach”. A detailed literature review was undertaken to evaluate the international and South African perspectives on determination of sanction. The study evaluated International Labour Organisation prescripts, norms and standards on sanction, and also considered European Union directives, decisions of the Court of Justice of the European Union and the provisions of Southern African Development Community Social Charter. The South African perspective involved the Labour Appeal Court zero tolerance approach to dishonesty adopted in the eighties, the Constitutional Court decision in Sidumo & others v Rustenburg Platinum Mines (CC) (2007), and subsequent court decisions. A mixed-method approach was followed by applying both quantitative and qualitative methods of investigation. A quantitative enquiry was followed up with qualitative interviews. Data was collected from three CCMA regional offices in the Gauteng Province. A total of 58 questionnaires were completed and returned by respondents. Information attained from the quantitative data that needed further clarification was followed up by interviewing five participants, comprising of CCMA commissioners from junior to senior levels A and B. The results of the mixed method were interpreted and synthesized. Both quantitative and qualitative findings were triangulated to determine the extent to which the methods corroborated and complemented each other. The findings of the mixed methods were found to be corroborative and complementary, and confirmed the accuracy of the quantitative and qualitative methods that were used. The factors involved in the exercise of value judgment indicated that “the role of mitigating factors on sanction” yielded contrasting and inconclusive results. This aspect has been recommended for further research. The study developed a supplementary toolkit model which is intended to...
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- Authors: Poto, Dimakatso Klaas
- Date: 2017
- Subjects: South Africa. Commission for Conciliation, Mediation, and Arbitration , South Africa. Constitutional Court , Industrial relations , Dispute resolution (Law) - South Africa
- Language: English
- Type: Doctoral (Thesis)
- Identifier: http://hdl.handle.net/10210/246369 , uj:25540
- Description: Ph.D. , Abstract: This study concerned an investigation into efficacy in the application of the “reasonable commissioner’s approach”, in terms of the Sidumo doctrine, on sanction for dishonest conduct. The Constitutional Court decision in Sidumo introduced the “reasonable commissioner’s approach” which formulated the Sidumo doctrine as a test to determine the fairness of sanction. The aim of the study was to analyse the exercise of value judgment by CCMA commissioners in order to identify decisions that do not meet the reasonableness criterion and develop a model for effective application of the “reasonable commissioner’s approach”. A detailed literature review was undertaken to evaluate the international and South African perspectives on determination of sanction. The study evaluated International Labour Organisation prescripts, norms and standards on sanction, and also considered European Union directives, decisions of the Court of Justice of the European Union and the provisions of Southern African Development Community Social Charter. The South African perspective involved the Labour Appeal Court zero tolerance approach to dishonesty adopted in the eighties, the Constitutional Court decision in Sidumo & others v Rustenburg Platinum Mines (CC) (2007), and subsequent court decisions. A mixed-method approach was followed by applying both quantitative and qualitative methods of investigation. A quantitative enquiry was followed up with qualitative interviews. Data was collected from three CCMA regional offices in the Gauteng Province. A total of 58 questionnaires were completed and returned by respondents. Information attained from the quantitative data that needed further clarification was followed up by interviewing five participants, comprising of CCMA commissioners from junior to senior levels A and B. The results of the mixed method were interpreted and synthesized. Both quantitative and qualitative findings were triangulated to determine the extent to which the methods corroborated and complemented each other. The findings of the mixed methods were found to be corroborative and complementary, and confirmed the accuracy of the quantitative and qualitative methods that were used. The factors involved in the exercise of value judgment indicated that “the role of mitigating factors on sanction” yielded contrasting and inconclusive results. This aspect has been recommended for further research. The study developed a supplementary toolkit model which is intended to...
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The role of labour brokers in atypical employment relationship
- Authors: Marule, Thabang Eniel
- Date: 2017
- Subjects: Industrial relations , Personnel management , Temporary employees
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/246245 , uj:25523
- Description: Ph.D. , Abstract: Aim: The aim of the study is to explore and describe the views and work experiences of temporary employee services (TES) employees situated in settings in four economic sectors; with the aim of understanding what TES means to a vulnerable segment of employees. Key objectives included Developing an apt qualitative research approach to capture and unravel the experiences of TES employees working in settings in four sectors of the South African economy. Studying the work of prominent scholars in relevant study field and extrapolate theoretical constructs by means of which the experiences and perceptions of TES employment contracting may be understood. Developing a substantial theory of TES. Methodology: A multiple case study was selected, driven by qualitative approach. Grounded theory was used as data analysis method for cases involved as sources of data. Participant observation and interviews were used as techniques for data collection. In line with the grounded theory tradition, literature was applied during and after data collection; to shape the direction of further sampling strategy and analysis. Key findings: Four key themes emerged namely the push factors, service conditions, the preferred future of TES phenomenon and the coping mechanisms of TES employees. The outcome of the study suggested that policy makers and business entities should introduce baseline protective measures including bridging the gap in conditions of service between permanent full-time employees and employees contracted through alternative work arrangements. Implications: For employees, role of TES is to offer stop-gap employment contracts to job seekers as cost-saving measure by client firms looking for workers to perform tasks of seasonal and time-bound nature and, in some instances, to help the workers to transition from temporary to permanent jobs. Regarding employment relations and business ethical considerations; the findings pointed to the need for role players (government, business and organised labour) to ensure compliance to ethical principles of both human resources and industrial relations (HRIR) nature. Regarding human resources procurement and stakeholder management practices, an...
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- Authors: Marule, Thabang Eniel
- Date: 2017
- Subjects: Industrial relations , Personnel management , Temporary employees
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/246245 , uj:25523
- Description: Ph.D. , Abstract: Aim: The aim of the study is to explore and describe the views and work experiences of temporary employee services (TES) employees situated in settings in four economic sectors; with the aim of understanding what TES means to a vulnerable segment of employees. Key objectives included Developing an apt qualitative research approach to capture and unravel the experiences of TES employees working in settings in four sectors of the South African economy. Studying the work of prominent scholars in relevant study field and extrapolate theoretical constructs by means of which the experiences and perceptions of TES employment contracting may be understood. Developing a substantial theory of TES. Methodology: A multiple case study was selected, driven by qualitative approach. Grounded theory was used as data analysis method for cases involved as sources of data. Participant observation and interviews were used as techniques for data collection. In line with the grounded theory tradition, literature was applied during and after data collection; to shape the direction of further sampling strategy and analysis. Key findings: Four key themes emerged namely the push factors, service conditions, the preferred future of TES phenomenon and the coping mechanisms of TES employees. The outcome of the study suggested that policy makers and business entities should introduce baseline protective measures including bridging the gap in conditions of service between permanent full-time employees and employees contracted through alternative work arrangements. Implications: For employees, role of TES is to offer stop-gap employment contracts to job seekers as cost-saving measure by client firms looking for workers to perform tasks of seasonal and time-bound nature and, in some instances, to help the workers to transition from temporary to permanent jobs. Regarding employment relations and business ethical considerations; the findings pointed to the need for role players (government, business and organised labour) to ensure compliance to ethical principles of both human resources and industrial relations (HRIR) nature. Regarding human resources procurement and stakeholder management practices, an...
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Consistency in the application of disciplinary measures within a state-owned entity
- Authors: Knight, Xavier Earl
- Date: 2016
- Subjects: Labor discipline , Labor discipline - Personnel management , Industrial relations
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/225712 , uj:22803
- Description: M.Phil. , Abstract: Disciplinary policies and procedures are utilised to correct employee behaviour that contradicts organisational norms and to bring about a conducive environment in the workplace. When applied and monitored correctly, policies and procedures regulate employee behaviour, and can bear positive results for an organisation. However, when these are applied in an inconsistent and unfair manner, they will not bring about the desired outcome of improved employee behaviour in the workplace. Therefore, exploring the perceptions of employees with regard to the consistency of disciplinary measures within a state owned entity, is imperative. The primary objective of the study was to establish whether the substantive and procedural elements were taken into consideration in the application of disciplinary measures within a state-owned entity. In addition the study attempted to establish the perceptions of employees around disciplinary measures in order to ascertain possible areas of weakness in the current application of discipline in the case organisation. An effort was made to also understand why a high number of internal disciplinary matters usually end up at external dispute resolution bodies, and to uncover the reasons for this. The study adopted a case study approach, as it dealt with a specific state owned entity in the Johannesburg area, Gauteng Province, South Africa. Purposive and convenience sampling was utilised to obtain information from top managers, middle and junior managers, supervisors, shop stewards, as well employees who have themselves faced disciplinary action within the case organisation. Data was collected by means of semi-structured interviews with research participants. The research findings revealed a high level of inconsistency in the application of disciplinary action at the state owned entity. Furthermore, research participants highlighted selective application of disciplinary action; toxic leaders who use discipline as a victimisation weapon in the workplace; the existence of a poor organisational culture; and ineffective shop stewards were all mentioned as elements that have exacerbated the level of inconsistency in the application of discipline. It was evident from the research findings that disciplinary...
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- Authors: Knight, Xavier Earl
- Date: 2016
- Subjects: Labor discipline , Labor discipline - Personnel management , Industrial relations
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/225712 , uj:22803
- Description: M.Phil. , Abstract: Disciplinary policies and procedures are utilised to correct employee behaviour that contradicts organisational norms and to bring about a conducive environment in the workplace. When applied and monitored correctly, policies and procedures regulate employee behaviour, and can bear positive results for an organisation. However, when these are applied in an inconsistent and unfair manner, they will not bring about the desired outcome of improved employee behaviour in the workplace. Therefore, exploring the perceptions of employees with regard to the consistency of disciplinary measures within a state owned entity, is imperative. The primary objective of the study was to establish whether the substantive and procedural elements were taken into consideration in the application of disciplinary measures within a state-owned entity. In addition the study attempted to establish the perceptions of employees around disciplinary measures in order to ascertain possible areas of weakness in the current application of discipline in the case organisation. An effort was made to also understand why a high number of internal disciplinary matters usually end up at external dispute resolution bodies, and to uncover the reasons for this. The study adopted a case study approach, as it dealt with a specific state owned entity in the Johannesburg area, Gauteng Province, South Africa. Purposive and convenience sampling was utilised to obtain information from top managers, middle and junior managers, supervisors, shop stewards, as well employees who have themselves faced disciplinary action within the case organisation. Data was collected by means of semi-structured interviews with research participants. The research findings revealed a high level of inconsistency in the application of disciplinary action at the state owned entity. Furthermore, research participants highlighted selective application of disciplinary action; toxic leaders who use discipline as a victimisation weapon in the workplace; the existence of a poor organisational culture; and ineffective shop stewards were all mentioned as elements that have exacerbated the level of inconsistency in the application of discipline. It was evident from the research findings that disciplinary...
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Relationships in the professional team on construction projects
- Authors: Van Heerden, Etienne
- Date: 2015-09-01
- Subjects: Construction industry - Employees - Psychology , Interpersonal relations , Industrial relations , Trust
- Type: Thesis
- Identifier: uj:14021 , http://hdl.handle.net/10210/14392
- Description: M.Ing. , The engineering construction industry is one that is synonymous with high production, tight schedules, strict cost control and in general high working pressure. Construction is an industry that is generally occupied with technical personnel. It is also an industry where interaction and communication between people is important to improve the chances of success of the project...
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- Authors: Van Heerden, Etienne
- Date: 2015-09-01
- Subjects: Construction industry - Employees - Psychology , Interpersonal relations , Industrial relations , Trust
- Type: Thesis
- Identifier: uj:14021 , http://hdl.handle.net/10210/14392
- Description: M.Ing. , The engineering construction industry is one that is synonymous with high production, tight schedules, strict cost control and in general high working pressure. Construction is an industry that is generally occupied with technical personnel. It is also an industry where interaction and communication between people is important to improve the chances of success of the project...
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Defining incompatible behaviour in an employer/employee relationship
- Authors: Grant, Charlene
- Date: 2014-11-04
- Subjects: Corporate culture , Industrial relations
- Type: Thesis
- Identifier: uj:12752 , http://hdl.handle.net/10210/12642
- Description: M.Phil. (Labour Law) , Please refer to full text to view abstract
- Full Text:
- Authors: Grant, Charlene
- Date: 2014-11-04
- Subjects: Corporate culture , Industrial relations
- Type: Thesis
- Identifier: uj:12752 , http://hdl.handle.net/10210/12642
- Description: M.Phil. (Labour Law) , Please refer to full text to view abstract
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Deelnemende bestuurstyl op Matla kragstasie : 'n verkennende studie
- Authors: Smit, Hermanus Bernardus
- Date: 2014-11-03
- Subjects: Management - Employee participation , Industrial relations
- Type: Thesis
- Identifier: uj:12721 , http://hdl.handle.net/10210/12611
- Description: M.Com. (Industrial Relations) , Please refer to full text to view abstract
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- Authors: Smit, Hermanus Bernardus
- Date: 2014-11-03
- Subjects: Management - Employee participation , Industrial relations
- Type: Thesis
- Identifier: uj:12721 , http://hdl.handle.net/10210/12611
- Description: M.Com. (Industrial Relations) , Please refer to full text to view abstract
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Die totstandkoming van die werkgewer/werknemer verhouding vir inkomstebelastingdoeleindes
- Authors: Jordaan, Keith
- Date: 2014-08-19
- Subjects: Industrial relations , Income tax - South Africa
- Type: Thesis
- Identifier: uj:12099 , http://hdl.handle.net/10210/11844
- Description: M.Com. (Taxation) , Please refer to full text to view abstract
- Full Text:
- Authors: Jordaan, Keith
- Date: 2014-08-19
- Subjects: Industrial relations , Income tax - South Africa
- Type: Thesis
- Identifier: uj:12099 , http://hdl.handle.net/10210/11844
- Description: M.Com. (Taxation) , Please refer to full text to view abstract
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Die posisionering van maatskaplike werk in die arbeidsmilieu
- Authors: Lombard, Jouberto
- Date: 2014-05-19
- Subjects: Industrial sociology , Industrial relations , Labor market - Sociological aspects , Industrial welfare
- Type: Thesis
- Identifier: uj:11122 , http://hdl.handle.net/10210/10709
- Description: D.Litt. et Phil. (Social Work) , From the onset of his involvement with social work practice in industry, candidate found himself reflecting upon the position and resulting characteristic functions of social work practitioners within an industrial context. The search for clarity in this regard led to the perusal of reading matter and the consideration of past experiences and encounters. This culminated in a desire to investigate the positioning of industrial social work in order to effect a compromise between the promotion of the objectives of industry viz. financial gain and human resource development. The main research issue or problem of the study, therefore centres around the positioning of industrial social work, and consequently the title of this dissertation is "The positioning of social work in the labour milieu". The purpose of this study is the placement of industrial social work within the context of meaningful work, work environment, influences from within industrial enterprises on man as worker, human resource activities in industrial enterprises, the course of industrial social work in industrial enterprises, the embodiment of social work in industrial enterprises and the provision of guidelines for social workers to position their profession most effectively in industrial enterprises. The study is exploratory-descriptive in nature, since the domain of study (industrial social work) is still being regarded as fairly unfamiliar and relatively less researched as compared to other branches of generic social work. Methodologically viewed, the study, the outcome of which is documented in this dissertation, was undertaken by marshalling practice experience into expertise mainly by interacting it with an eclectic literature study, a conceptual analysis of certain concepts and constructs central to the management of industrial social work, and systematising impressionistic wisdom while collecting information and gaining insight. In addition to the study of literature, information was collected by studying official documents of various industrial enterprises, consultations with various colleagues and attending seminars, courses and workshops, whilst regular consultations with my promotor took place and in the process progressing from an argumentative phase to guidelines for practice. In the study the following main conclusions were drawn: Although only partially, man's work and his work environment offer opportunities and challenges in reply to his quest for a meaningful life. An industrial enterprise co-ordinates the occupational activities of people rendering certain goods and services at specific venues. People, material, machines, means, markets and management, are utilised in the work environment as resources for the production of goods and the rendering of services to industry, its employers and the community. Man as employee is subject to influences from within industrial organisations but also reflects certain distinct characteristics. Organisationally, industrial social work is a manpower managment function, whilst industrial social services usually form part of the enterprise's manpower department. Industrial social work ensures from the corporate social responsibility of industrial enterprises. This responsibility is external (concerning the community in general) and internal (concerning employees and their families). The latter enables employees to contribute optimally to the production process and the realisation of business objectives and in compliance with their individual abilities and potential, to develop in human beings with a commitment to work. The establishing of an industrial social service usually develops from a micro to a macro level, from a peripheric to an integrated component of the enterprise. A typology of composite industrial social work models illustrates this statement in the dissertation. The general aim of industrial social work is to contribute to the realisation of corporate objectives by rendering professional services to employees. The components of the strategic planning of industrial social work are similar to those of any management planning. The study is concluded with guidelines for the positioning of industrial social work in industrial enterprises.
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- Authors: Lombard, Jouberto
- Date: 2014-05-19
- Subjects: Industrial sociology , Industrial relations , Labor market - Sociological aspects , Industrial welfare
- Type: Thesis
- Identifier: uj:11122 , http://hdl.handle.net/10210/10709
- Description: D.Litt. et Phil. (Social Work) , From the onset of his involvement with social work practice in industry, candidate found himself reflecting upon the position and resulting characteristic functions of social work practitioners within an industrial context. The search for clarity in this regard led to the perusal of reading matter and the consideration of past experiences and encounters. This culminated in a desire to investigate the positioning of industrial social work in order to effect a compromise between the promotion of the objectives of industry viz. financial gain and human resource development. The main research issue or problem of the study, therefore centres around the positioning of industrial social work, and consequently the title of this dissertation is "The positioning of social work in the labour milieu". The purpose of this study is the placement of industrial social work within the context of meaningful work, work environment, influences from within industrial enterprises on man as worker, human resource activities in industrial enterprises, the course of industrial social work in industrial enterprises, the embodiment of social work in industrial enterprises and the provision of guidelines for social workers to position their profession most effectively in industrial enterprises. The study is exploratory-descriptive in nature, since the domain of study (industrial social work) is still being regarded as fairly unfamiliar and relatively less researched as compared to other branches of generic social work. Methodologically viewed, the study, the outcome of which is documented in this dissertation, was undertaken by marshalling practice experience into expertise mainly by interacting it with an eclectic literature study, a conceptual analysis of certain concepts and constructs central to the management of industrial social work, and systematising impressionistic wisdom while collecting information and gaining insight. In addition to the study of literature, information was collected by studying official documents of various industrial enterprises, consultations with various colleagues and attending seminars, courses and workshops, whilst regular consultations with my promotor took place and in the process progressing from an argumentative phase to guidelines for practice. In the study the following main conclusions were drawn: Although only partially, man's work and his work environment offer opportunities and challenges in reply to his quest for a meaningful life. An industrial enterprise co-ordinates the occupational activities of people rendering certain goods and services at specific venues. People, material, machines, means, markets and management, are utilised in the work environment as resources for the production of goods and the rendering of services to industry, its employers and the community. Man as employee is subject to influences from within industrial organisations but also reflects certain distinct characteristics. Organisationally, industrial social work is a manpower managment function, whilst industrial social services usually form part of the enterprise's manpower department. Industrial social work ensures from the corporate social responsibility of industrial enterprises. This responsibility is external (concerning the community in general) and internal (concerning employees and their families). The latter enables employees to contribute optimally to the production process and the realisation of business objectives and in compliance with their individual abilities and potential, to develop in human beings with a commitment to work. The establishing of an industrial social service usually develops from a micro to a macro level, from a peripheric to an integrated component of the enterprise. A typology of composite industrial social work models illustrates this statement in the dissertation. The general aim of industrial social work is to contribute to the realisation of corporate objectives by rendering professional services to employees. The components of the strategic planning of industrial social work are similar to those of any management planning. The study is concluded with guidelines for the positioning of industrial social work in industrial enterprises.
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Die strategiese bestuur van arbeidsverhoudinge : 'n empiriese ondersoek
- Authors: Ferndale, Urin
- Date: 2014-05-14
- Subjects: Strategic planning , Industrial relations
- Type: Thesis
- Identifier: uj:11080 , http://hdl.handle.net/10210/10653
- Description: D. Litt. et Phil. (Human Resources) , Labour relations in South Africa is characterized by instability and is intensified by the negative influence of the external environment. Against this background the strategic management of labour relations was investigated as a possible means to positively influence labour relations in South Africa. A model for the strategic management of labour relations was developed and it was concluded that it is essential that the mentioned model be followed in South Africa. A detail theoretical and empirical analysis was done to determine the extent of the influence of the economy, politics, the social environment, trade unions, employer organizations, the juridical environment and personnel related aspects and practices on labour relations. The empirical data were gathered by means of a structured questionnaire from respondents working in the personnel field. The main findings of the study indicated that the external environment will have a profound effect on labour relations in near future. Unemployment, population growth, housing, the right and left wing political parties and inflation were identified as the aspects which will probably have the most negative influence on labour relations in the future. Various personnel management aspects and practices were identified which might have a positive influence on labour relations: communication, training, labour relations training, equal opportunities, social responsibility, participative schemes and induction. One of the main conclusions of this study was that the extent of the influence of the external and internal environment continuously be monitored by companies and that a strategic plan for the managing of labour relations be developed.
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- Authors: Ferndale, Urin
- Date: 2014-05-14
- Subjects: Strategic planning , Industrial relations
- Type: Thesis
- Identifier: uj:11080 , http://hdl.handle.net/10210/10653
- Description: D. Litt. et Phil. (Human Resources) , Labour relations in South Africa is characterized by instability and is intensified by the negative influence of the external environment. Against this background the strategic management of labour relations was investigated as a possible means to positively influence labour relations in South Africa. A model for the strategic management of labour relations was developed and it was concluded that it is essential that the mentioned model be followed in South Africa. A detail theoretical and empirical analysis was done to determine the extent of the influence of the economy, politics, the social environment, trade unions, employer organizations, the juridical environment and personnel related aspects and practices on labour relations. The empirical data were gathered by means of a structured questionnaire from respondents working in the personnel field. The main findings of the study indicated that the external environment will have a profound effect on labour relations in near future. Unemployment, population growth, housing, the right and left wing political parties and inflation were identified as the aspects which will probably have the most negative influence on labour relations in the future. Various personnel management aspects and practices were identified which might have a positive influence on labour relations: communication, training, labour relations training, equal opportunities, social responsibility, participative schemes and induction. One of the main conclusions of this study was that the extent of the influence of the external and internal environment continuously be monitored by companies and that a strategic plan for the managing of labour relations be developed.
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The workplace of the future : a top management constructionist perspective
- Authors: Mtebule, Lucia Xitsalala
- Date: 2012-10-29
- Subjects: Work environment , Employment forecasting , Organizational change , Industrial relations , Black executives
- Type: Mini-Dissertation
- Identifier: uj:10457 , http://hdl.handle.net/10210/7922
- Description: M.Phil. , The future South African workplace promises to be different from that which exists today. In an attempt to understand worldly events and phenomena, people constantly form and reform their own ideas, thus mental models, about how the world works. The objective of this study was to investigate how Black executives, in the South African context, experience the emergence of the future workplace. Data was collected from eight participants using the Repertory Grid technique. The participants were employed as executive managers in five of South Africa‟s knowledge environments. Results revealed that legislative, social, political and economic factors will possibly play an influential role in shaping the emergence of the setting and perspective of the future South African workplace. Keywords: South African context, future, workplace, repertory grid, Black executives.
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- Authors: Mtebule, Lucia Xitsalala
- Date: 2012-10-29
- Subjects: Work environment , Employment forecasting , Organizational change , Industrial relations , Black executives
- Type: Mini-Dissertation
- Identifier: uj:10457 , http://hdl.handle.net/10210/7922
- Description: M.Phil. , The future South African workplace promises to be different from that which exists today. In an attempt to understand worldly events and phenomena, people constantly form and reform their own ideas, thus mental models, about how the world works. The objective of this study was to investigate how Black executives, in the South African context, experience the emergence of the future workplace. Data was collected from eight participants using the Repertory Grid technique. The participants were employed as executive managers in five of South Africa‟s knowledge environments. Results revealed that legislative, social, political and economic factors will possibly play an influential role in shaping the emergence of the setting and perspective of the future South African workplace. Keywords: South African context, future, workplace, repertory grid, Black executives.
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The role of participative communication towards a company's ascend to 'world class' status
- Authors: Nkadimeng, Mmabje Moffat
- Date: 2012-09-07
- Subjects: Industrial relations , Communication in organizations , Globalization , Employees - Attitudes , Work ethic , Employees - Training of
- Type: Mini-Dissertation
- Identifier: uj:9743 , http://hdl.handle.net/10210/7152
- Description: M.Phil. , This study aimed at indicating that participative communication plays an important role in ensuring that a company ascent to 'world-class' status. In order for a typical South African company to become 'world-class' it must overcome a number of hurdles namely: employees' attitudes in South African organisations; productivity and competitiveness; education, and training and development; absence of work ethics and values; the corpse shadow theory; crime; HIV/AIDS and emigration. The question of companies to become 'world-class' is imperative because of the phenomenon of globalisation. The globalisation is the state of affairs economically, politically and to a certain degree socially and scientifically in which the world has been reduced to a tonal 'global village'. The 'global village' is thus a 'global market place' in which South Africa found itself thrown into after 1994, after a long winter and cocoon of economic and political isolation of pre-1994 years. South African companies found that their contemporaries are afar in the fierce economic race. The 'global market' is a battlefield in which companies (locally and internationally) fight for acquisition of lion's share in the market, retention and attraction of skilful and talented workers. The worker suitable for the 'global labour market' simply move around the globe and so does money in billions of dollars. The level- of technology is high, states' borders are `torn' to allow free movement of knowledge, information, money and skilled workers and resources. To survive in this battlefield companies (countries) must be thus productive, profitable and competitive. The study shows South Africa as being typically sluggish: showing low ranking in terms of performance economically (productivity, profitability and competitiveness). To become productive the managers and employees must change from their confrontational attitudes of the 'them versus us', adopt a 'pentotal' employment relations mindset that take the customers and shareholders into account as stakeholders. The customers want to pay for service or product of value. Thus the role and place of core values in participative work culture is addressed in this study.
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- Authors: Nkadimeng, Mmabje Moffat
- Date: 2012-09-07
- Subjects: Industrial relations , Communication in organizations , Globalization , Employees - Attitudes , Work ethic , Employees - Training of
- Type: Mini-Dissertation
- Identifier: uj:9743 , http://hdl.handle.net/10210/7152
- Description: M.Phil. , This study aimed at indicating that participative communication plays an important role in ensuring that a company ascent to 'world-class' status. In order for a typical South African company to become 'world-class' it must overcome a number of hurdles namely: employees' attitudes in South African organisations; productivity and competitiveness; education, and training and development; absence of work ethics and values; the corpse shadow theory; crime; HIV/AIDS and emigration. The question of companies to become 'world-class' is imperative because of the phenomenon of globalisation. The globalisation is the state of affairs economically, politically and to a certain degree socially and scientifically in which the world has been reduced to a tonal 'global village'. The 'global village' is thus a 'global market place' in which South Africa found itself thrown into after 1994, after a long winter and cocoon of economic and political isolation of pre-1994 years. South African companies found that their contemporaries are afar in the fierce economic race. The 'global market' is a battlefield in which companies (locally and internationally) fight for acquisition of lion's share in the market, retention and attraction of skilful and talented workers. The worker suitable for the 'global labour market' simply move around the globe and so does money in billions of dollars. The level- of technology is high, states' borders are `torn' to allow free movement of knowledge, information, money and skilled workers and resources. To survive in this battlefield companies (countries) must be thus productive, profitable and competitive. The study shows South Africa as being typically sluggish: showing low ranking in terms of performance economically (productivity, profitability and competitiveness). To become productive the managers and employees must change from their confrontational attitudes of the 'them versus us', adopt a 'pentotal' employment relations mindset that take the customers and shareholders into account as stakeholders. The customers want to pay for service or product of value. Thus the role and place of core values in participative work culture is addressed in this study.
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The role of Bargaining Councils in dispute resolution in the private sector
- Authors: Tshayana, Thandiwe Aurelia
- Date: 2012-08-14
- Subjects: Industrial relations , Industrial arbitration , Collective bargaining , Dispute resolution (Law) , Bargaining councils , Commission for Conciliation, Mediation, and Arbitration (South Africa)
- Type: Thesis
- Identifier: uj:9142 , http://hdl.handle.net/10210/5597
- Description: M.Phil. , The Labour Relations Act 66 of 1995 introduced new structures for resolution of labour disputes. The Commission for Conciliation Mediation and Arbitration (CCMA) was established as an independent body to resolve labour disputes. The CCMA also took over the functions of the old Industrial Court. The Act also replaced the old Industrial councils with bargaining councils. The function of the bargaining councils is to play a parallel role to the CCMA in dispute resolution within their scope of jurisdiction. The purpose of the legislature in establishing the bargaining councils was to alleviate part of the burden of the CCMA in resolving of labour disputes. The Act envisaged that the CCMA would resolve disputes speedily and inexpensively. If bargaining councils fail in their task of resolving disputes, these disputes are referred back to the CCMA adding to its caseload. The study seeks to establish the effectiveness of bargaining councils in handling dispute resolution function and whether they assist the CCMA in alleviating part of its burden. There are 43 bargaining councils that are accredited by the CCMA to conciliate and arbitrate disputes. Some bargaining councils are accredited to do both conciliations and arbitrations but are failing to perform both tasks. Some bargaining councils are closing down. Other registered bargaining councils do not apply for accreditation. Disputes that are not handled by these councils are referred to the CCMA. The CCMA caseload is escalating every year since inception in 1996. In view of these circumstances the study seeks to understand from bargaining councils and from both the unions and employers organizations that are party to the bargaining council agreements, whether there are any problems that hinder the effectiveness of bargaining councils in dispute resolution in the private sector. It has been concluded in the study that there are a number of problems that can cause bargaining councils not to exercise dispute resolution function effectively. It has been established that only few bargaining councils receive a high number of disputes referred. Bargaining councils are quicker in handling disputes than the CCMA, however, most bargaining councils receive a small number of disputes. Bargaining councils also complain about insufficient funds in handling dispute resolution function. They complain that the subsidy they receive from the CCMA is not enough for this function. Small bargaining councils are the most suffering because of low numbers of referrals. It has also been established that bargaining councils pay their panelists very high rates. The non-accredited bargaining councils are rejected when applying for accreditation because of not meeting the required criteria. Employers are negative about belonging to bargaining councils because they feel it is costly. Some employers who belong to bargaining councils are also reluctant to contribute to established council's fund.
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- Authors: Tshayana, Thandiwe Aurelia
- Date: 2012-08-14
- Subjects: Industrial relations , Industrial arbitration , Collective bargaining , Dispute resolution (Law) , Bargaining councils , Commission for Conciliation, Mediation, and Arbitration (South Africa)
- Type: Thesis
- Identifier: uj:9142 , http://hdl.handle.net/10210/5597
- Description: M.Phil. , The Labour Relations Act 66 of 1995 introduced new structures for resolution of labour disputes. The Commission for Conciliation Mediation and Arbitration (CCMA) was established as an independent body to resolve labour disputes. The CCMA also took over the functions of the old Industrial Court. The Act also replaced the old Industrial councils with bargaining councils. The function of the bargaining councils is to play a parallel role to the CCMA in dispute resolution within their scope of jurisdiction. The purpose of the legislature in establishing the bargaining councils was to alleviate part of the burden of the CCMA in resolving of labour disputes. The Act envisaged that the CCMA would resolve disputes speedily and inexpensively. If bargaining councils fail in their task of resolving disputes, these disputes are referred back to the CCMA adding to its caseload. The study seeks to establish the effectiveness of bargaining councils in handling dispute resolution function and whether they assist the CCMA in alleviating part of its burden. There are 43 bargaining councils that are accredited by the CCMA to conciliate and arbitrate disputes. Some bargaining councils are accredited to do both conciliations and arbitrations but are failing to perform both tasks. Some bargaining councils are closing down. Other registered bargaining councils do not apply for accreditation. Disputes that are not handled by these councils are referred to the CCMA. The CCMA caseload is escalating every year since inception in 1996. In view of these circumstances the study seeks to understand from bargaining councils and from both the unions and employers organizations that are party to the bargaining council agreements, whether there are any problems that hinder the effectiveness of bargaining councils in dispute resolution in the private sector. It has been concluded in the study that there are a number of problems that can cause bargaining councils not to exercise dispute resolution function effectively. It has been established that only few bargaining councils receive a high number of disputes referred. Bargaining councils are quicker in handling disputes than the CCMA, however, most bargaining councils receive a small number of disputes. Bargaining councils also complain about insufficient funds in handling dispute resolution function. They complain that the subsidy they receive from the CCMA is not enough for this function. Small bargaining councils are the most suffering because of low numbers of referrals. It has also been established that bargaining councils pay their panelists very high rates. The non-accredited bargaining councils are rejected when applying for accreditation because of not meeting the required criteria. Employers are negative about belonging to bargaining councils because they feel it is costly. Some employers who belong to bargaining councils are also reluctant to contribute to established council's fund.
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An investigation into the facilitators of the trustworthiness of managers
- Authors: Bews, Neville Frederick
- Date: 2012-02-27
- Subjects: Industrial relations , Interpersonal relations , Personnel management , Industrial sociology , Trust
- Type: Thesis
- Identifier: uj:2049 , http://hdl.handle.net/10210/4399
- Description: D.Litt. et Phil. , With the emergence of what has been referred to as the "post-industrial" society, the last decade has seen employer-employee work relationships undergoing a high level of change, as organisations restructure in an attempt to survive in the emerging global economy. Largely due to this, the nature of work has changed, placing tension on intra-organisational trust. As organisations readjust in an attempt to face the future they often find that intra-organisational trust is in a crisis, at a time when emphasis is being placed on the need for trust-based relationships. This renewed focus, and paradox that intra-organisational trust faces, has, on a multidisciplinary basis, caught the attentions of numerous academics, resulting in numerous attempts to understand aspects of interpersonal trust. In this study some of these attempts are considered in proposing a model for intra-organisational trust and certain aspects of this model are tested empirically. To achieve this, a multifaceted approach is employed, within a South African financial institution, whereby triangulation is used through gathering both quantitative and qualitative data. A research instrument is developed, by means of which the facilitators of trustworthiness, as proposed in terms of a model for trust and percieved by respondents, are measured. An analysis of the data gathered in respect of the various biographical categories at the company investigated, is undertaken. In terms of this analysis the relationship between interpersonal trust and the facilitators of trustworthiness is assessed, and the implications of this study for theory and policy are considered.
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- Authors: Bews, Neville Frederick
- Date: 2012-02-27
- Subjects: Industrial relations , Interpersonal relations , Personnel management , Industrial sociology , Trust
- Type: Thesis
- Identifier: uj:2049 , http://hdl.handle.net/10210/4399
- Description: D.Litt. et Phil. , With the emergence of what has been referred to as the "post-industrial" society, the last decade has seen employer-employee work relationships undergoing a high level of change, as organisations restructure in an attempt to survive in the emerging global economy. Largely due to this, the nature of work has changed, placing tension on intra-organisational trust. As organisations readjust in an attempt to face the future they often find that intra-organisational trust is in a crisis, at a time when emphasis is being placed on the need for trust-based relationships. This renewed focus, and paradox that intra-organisational trust faces, has, on a multidisciplinary basis, caught the attentions of numerous academics, resulting in numerous attempts to understand aspects of interpersonal trust. In this study some of these attempts are considered in proposing a model for intra-organisational trust and certain aspects of this model are tested empirically. To achieve this, a multifaceted approach is employed, within a South African financial institution, whereby triangulation is used through gathering both quantitative and qualitative data. A research instrument is developed, by means of which the facilitators of trustworthiness, as proposed in terms of a model for trust and percieved by respondents, are measured. An analysis of the data gathered in respect of the various biographical categories at the company investigated, is undertaken. In terms of this analysis the relationship between interpersonal trust and the facilitators of trustworthiness is assessed, and the implications of this study for theory and policy are considered.
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Empowerment of union representatives to better cope with modern business challenges
- Authors: Geyer, Hoffman
- Date: 2012-02-27
- Subjects: Industrial relations , Labor unions
- Type: Thesis
- Identifier: uj:2070 , http://hdl.handle.net/10210/4418
- Description: M.Phil. , Prior to the political transformation process, the labour relation's environment in the automotive industry, and in particular Nissan S.A. (the research organisation), was conflicting and disruptive. This resulted in an unstable working environment that affected future business performance and market opportunities. During this period, Nissan S.A. also became part of the global 'village' that requires, amongst others, stable labour relations and a co-operative approach towards union and management matters. This was critical for business survival and future investment from global partners. In order to achieve the above, a union I management development programme was put in place in conjunction with several role-players, that included the contribution of union representatives. The programme largely dealt with the understanding of different management and union roles and functions within the workplace. It furthermore equipped union and management representatives with critical skills and competencies, necessary to deal with conflicting issues that affected performance. The programme outcome was positive and it created the foundation for the organisation to remain competitive. The disruptive and conflicting labour relation's environment stabilised and better working relationships between management and the union followed. Since the implementation of the programme, new challenges emerged. Locally, political ownership changed 'hands'. Many union representatives were taken up into political leadership positions that affected union and representative capacities in terms of resources and competencies. Newly elected union representatives (and union members) questioned the role and function of unions, especially considering the fact that political 'victories' were no longer required at shopfloor level. Global competitiveness (and locally) affected employment security. The business, through operational requirements, dramatically reduced the workforce that affected relationships with the union and members. Globalisation required different operations, skills and 'thinking'. These changes justify a critical evaluation of the new role and function of union representatives to better cope with modern business challenges. This is critical for future survival and growth as uncertainties could affect the stability of the organisation. An understanding of changes and the empowerment of union representatives to deal with changes and challenges have proven to be successful for the organisation in the past. This study has also proven that parties need to understand and work towards a 'common interest' realisation. As a result, the following was appraised: • To explore and describe how union representatives perceive their role and function within a changing business environment. • To describe guidelines as a framework for the empowerment of the role and function of union representatives. A qualitative, exploratory, descriptive and contextual research design was followed. The data was gathered by means of two focus group interviews, which included the selection and participation of permanent union representatives. The raw data was analysed using the descriptive method of open coding. Two independent coders analysed the data with the researcher. A literature control study was done to recontextualise data. Based on the results of the research, guidelines were formulated. The results of the study indicate that union representatives recognise 'the changing world of work' and that modern business challenges require different thinking and operating methods. These changes and challenges affect the traditional role and functions of union representatives. As a result, it necessitates the performance of different roles and functions, in addition to the traditional ones. The research results indicate the need for change to a more participative management style that would be a requirement for the intervention and development of a comprehensive programme that would empower union representatives to better cope with modern business challenges. The research confirms the common realisation thinking. The research results further indicate that the empowerment of union representatives is a requirement to be effective in dealing with modern business challenges. A further need is the necessity for organisational culture change and change management.
- Full Text:
- Authors: Geyer, Hoffman
- Date: 2012-02-27
- Subjects: Industrial relations , Labor unions
- Type: Thesis
- Identifier: uj:2070 , http://hdl.handle.net/10210/4418
- Description: M.Phil. , Prior to the political transformation process, the labour relation's environment in the automotive industry, and in particular Nissan S.A. (the research organisation), was conflicting and disruptive. This resulted in an unstable working environment that affected future business performance and market opportunities. During this period, Nissan S.A. also became part of the global 'village' that requires, amongst others, stable labour relations and a co-operative approach towards union and management matters. This was critical for business survival and future investment from global partners. In order to achieve the above, a union I management development programme was put in place in conjunction with several role-players, that included the contribution of union representatives. The programme largely dealt with the understanding of different management and union roles and functions within the workplace. It furthermore equipped union and management representatives with critical skills and competencies, necessary to deal with conflicting issues that affected performance. The programme outcome was positive and it created the foundation for the organisation to remain competitive. The disruptive and conflicting labour relation's environment stabilised and better working relationships between management and the union followed. Since the implementation of the programme, new challenges emerged. Locally, political ownership changed 'hands'. Many union representatives were taken up into political leadership positions that affected union and representative capacities in terms of resources and competencies. Newly elected union representatives (and union members) questioned the role and function of unions, especially considering the fact that political 'victories' were no longer required at shopfloor level. Global competitiveness (and locally) affected employment security. The business, through operational requirements, dramatically reduced the workforce that affected relationships with the union and members. Globalisation required different operations, skills and 'thinking'. These changes justify a critical evaluation of the new role and function of union representatives to better cope with modern business challenges. This is critical for future survival and growth as uncertainties could affect the stability of the organisation. An understanding of changes and the empowerment of union representatives to deal with changes and challenges have proven to be successful for the organisation in the past. This study has also proven that parties need to understand and work towards a 'common interest' realisation. As a result, the following was appraised: • To explore and describe how union representatives perceive their role and function within a changing business environment. • To describe guidelines as a framework for the empowerment of the role and function of union representatives. A qualitative, exploratory, descriptive and contextual research design was followed. The data was gathered by means of two focus group interviews, which included the selection and participation of permanent union representatives. The raw data was analysed using the descriptive method of open coding. Two independent coders analysed the data with the researcher. A literature control study was done to recontextualise data. Based on the results of the research, guidelines were formulated. The results of the study indicate that union representatives recognise 'the changing world of work' and that modern business challenges require different thinking and operating methods. These changes and challenges affect the traditional role and functions of union representatives. As a result, it necessitates the performance of different roles and functions, in addition to the traditional ones. The research results indicate the need for change to a more participative management style that would be a requirement for the intervention and development of a comprehensive programme that would empower union representatives to better cope with modern business challenges. The research confirms the common realisation thinking. The research results further indicate that the empowerment of union representatives is a requirement to be effective in dealing with modern business challenges. A further need is the necessity for organisational culture change and change management.
- Full Text: