Showing items 1 - 20 of 50

Your selections:

'n Ondersoek na die omvang van arbeidsomset in 'n verspreidingsorganisasie In die mediabedryf

A constitutional investigation of the state of majoritarianism in South African industrial relations

A critical analysis of an employee’s use of social media in the employment relationship in SA labour law

A critical analysis of pitfalls and challenges in labour law arising from alliances between trade unions and ruling political parties : a South African and Zimbabwean perspective

  • Authors: Mlambo, Chiedza Pauline
  • Date: 2016
  • Subjects: Labor laws and legislation - South Africa , Labor laws and legislation - Zimbabwe , South Africa. Labour Relations Act, 1995 , Labor unions - South Africa , Labor unions - Zimbabwe
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/493064 , uj:45055
  • Description: Abstract: Contract agreements, treaties and alliances have nowadays become part and parcel of settling issues and reaching consensus between nations, political parties and organizations. Alliances formed between trade unions, trade union federations and ruling political parties have become a cause for concern in both Zimbabwe and South Africa. The labour statutes in both countries do not prohibit these alliances. In Zimbabwe, it is not specifically mentioned that there should be absolute autonomy between trade unions and ruling political parties although South African and international labour laws explicitly do so. An analysis made on these alliances show that the labour laws have challenges and loopholes in governing them. There are several instances where clashes and conflicts arising from the alliances are evident. The purpose of this study is to identify the challenges and pitfalls that arise as a result of the alliances and relationships that trade unions or their representatives and ruling political parties in particular get into. It also aims to discover how the labour laws in both South Africa and Zimbabwe are not adequately protecting workers. This study also analyses specific incidences where these alliances affected the trade union federations’ position in collective bargaining and implementation of policies that affected employees. The goal of this study is to show that although there be some good in these alliances, it would not be justifiable to turn a blind eye on their effects and never to discover their loopholes. The results of the effects of the alliances can be used to rectify the labour laws in both countries and ensure that they are able to govern and cover all the gaps that arise with regards to the alliances. The approach followed in this research was to review and analyse literature on the alliances and relationships formed by trade unions or their representatives and the ruling political parties in South Africa and Zimbabwe. Data was collected from secondary sources which include judicial reports, Acts, Conventions, journal articles and books. The analysis confirmed the existence and occurrence of conflicts of interests, loopholes in national and international labour laws and evidence of influence on trade unions from ruling political parties. At the end recommendations are proposed to alleviate these challenges. The recommendations include that there be amendments in the labour statutes inserting provisions which regulate the alliances. As for Zimbabwe, complete separation from the ruling political party is what trade unions should fight for. In addition, the study suggests that if trade union mandates intertwine with the ruling political parties’ agendas, an independent body that governs and monitors the alliances should be set up. , LL.M. (Labour Law)
  • Full Text:

A critical analysis of the extension of collective agreements to non-parties as provided for by the Labour Relations Act

A critical analysis of the impact of s198 A-D of the amended Labour Relations Act 66 of 1995 on non-standard employees in South African labour law

A critical analysis of the right to establish a threshold of representatives in the workplace

A critical overview of labour protection for foreign workers in South Africa and regional economic communities

A critique of the current South African social media regulatory framework

A feminist critique of parental leave in South Africa

A legal analysis of outsourcing within the framework of Section 197 of the Labour Relations Act

An analysis of the interrelationship of interpretative approaches between labour legislation and the transformative vision of the Constitution

  • Authors: Rego, Dagan James
  • Date: 2015-07-14
  • Subjects: Labor laws and legislation - South Africa , Constitutional law - South Africa , South Africa. Constitution (1994) , Social change - South Africa
  • Type: Thesis
  • Identifier: uj:13735 , http://hdl.handle.net/10210/14000
  • Description: LL.M. (Labour Law) , In this minor dissertation the author argues that the Constitution will fail to uphold its own fundamental values if the rights and obligations which it enforces remains stale and outdated. A supreme body of law needs to be one which is breathing and alive, and which may adapt to fundamental changes in society. In turn, it is will be suggested that, if the Constitution remains ineffectual, labour law (which seeks to uphold its values and vision) will in turn become ineffectual. The minor dissertation will therefore consider the following pertinent question: Will the inability of the judiciary to interpret labour law in a manner that furthers the fundamental values in the Constitution result in such legislation becoming ineffective? It will be submitted that in order to promote economic and labour development one must be mindful of the social fluctuations present in light of a constitutionally supreme state. It is also stated that, in order to avoid a deadlock of complicated and outdated labour legislation which becomes inflexible, the Legislature must allow the Judiciary to develop such law to the extent that is necessary for its continued existence insofar as it complies with the Constitution. Without a strong and adhesive method in developing labour practice, social, economic and technological advancements will fail. Labour legislation must therefore be adaptive and flexible. The judiciary must therefore be adaptive and flexible in their own application of such law. In turn the Constitution is theoretically adaptive too, and its premise is achieved through the promotion of effective labour legislation, specifically.
  • Full Text:

An evaluation of the impact of externalisation on the concept of an employee in South African labour law

An investigation into the effectiveness of a decentralised human resources structure in a South African financial institution in comparison with world class practices

Atypical work in South Africa and beyond : a critical overview

Challenges in the polygraph testing of workers in South Africa

  • Authors: Mothibe, Teke Elias
  • Date: 2014-06-10
  • Subjects: Polygraph testing - South Africa , Criminal activities - Workplace - South Africa , Labor laws and legislation - South Africa , Lie detectors and detection - South Africa , Criminal investigation - South Africa , Labor contract - South Africa
  • Type: Thesis
  • Identifier: uj:11430 , http://hdl.handle.net/10210/11126
  • Description: LL.M. (Labour Law) , Commentators have warned that when men are given absolute control over their fellow men, there is the danger that what appeared pragmatically desirable may become morally intolerable. The current usage of polygraph testing by employers undoubtedly confirms this. In what follows, it will be argued that there is a serious shortcoming in South African law in that there is no legislative framework that governs and regulates the use of polygraph testing in the workplace. It is fairly likely that many South African employers will at some time be faced with dishonesty or criminal activities, such as fraud or theft, without accurately being able to identify where, how, and by whom such dishonesty was committed. If dishonesty and criminal activities are not properly managed, there may be adverse ramifications. As a result, many employers have opted to insert a clause in the employment offer and employment contract that relates to security obligations on the part of the employees or prospective employees. The clause would normally read as follows: “The company may request that you subject yourself to a polygraph test before commencement of employment or if an incident has occurred or and random testing during your period of employment with the Company. The employee hereby declares that he is aware of the company polygraph policy and accepts that this policy as a term and condition of his employment. The employee undertakes to comply with the said policy in all respects and acknowledges that he is bound thereby”. Magna Alloys & Research v Ellis introduced a significant change to the Courts’ approach to restraint of trade agreements by declining to follow earlier decisions based on an English precedent that an agreement in restraint of trade is prima facie invalid and unenforceable. The implication of this decision is that a right to choose a trade, occupation, or profession freely may
  • Full Text:

Compliance with labour legislation within the small enterprise sector

  • Authors: Luvhengo, Nkhuliseni Elijah
  • Date: 2019
  • Subjects: South Africa. Basic Conditions of Employment Act, 1997 , Labor laws and legislation - South Africa , Small business - South Africa
  • Language: English
  • Type: Doctoral (Thesis)
  • Identifier: http://hdl.handle.net/10210/291949 , uj:31719
  • Description: Abstract: The purpose of the study was to investigate how employees in the small enterprise sector can be protected, as well as how compliance with labour law – particularly with the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) – can be promoted. The study adopted a three-phased sequential mixed methods approach. In Phase 1, 17 semi-structured interviews were conducted with affiliated trade union officials of the Congress of South African Trade Unions (Cosatu) in the Limpopo province. The collected data were analysed using a thematic approach. During Phase 2, in which a quantitative approach was used, data from 365 owners and managers of small enterprises in the Limpopo province were selected in accordance with convenience sampling. Basic analyses such as means analysis, standard deviation and principal component analysis, were performed. In Phase 3, a qualitative approach was again used to validate the experiences of small business owners and trade union officials. A purposive sample was drawn of eight subject-matter experts in the small enterprise and labour relations fields, as well as policy makers in South African government departments. The data were analysed my means of content analyses of the interview responses. The results of the study suggest that small enterprise owners are not knowledgeable about labour laws, hence they are unable to comply with the law. A further finding was that the labour laws are cumbersome to small enterprises and, therefore different requirements should perhaps be applicable to this sector. Based on the results, guidelines are proposed which legislators could use to assist the government of South Africa in modifying, if necessary, the requirements of the LRA and the BCEA as they apply to the small enterprise sector. , Ph.D. (Employee Relations)
  • Full Text:

Die invloed van onbillike arbeidspraktyke op die verbintenisse uit die dienskontrak

Die uitwerking van nuwe munisipale wetgewing op menslike hulpbronpraktyke by 'n middel grootte plaaslike bestuur in Mpumalanga

  • Authors: Van Zyl, W.S.
  • Date: 2012-08-13
  • Subjects: Labor laws and legislation - South Africa , Industrial relations - South Africa , Personnel management - South Africa , Local government - South Africa , Municipal government - South Africa
  • Type: Thesis
  • Identifier: uj:9111 , http://hdl.handle.net/10210/5569
  • Description: M.Phil. , Na die nasionale munisipale verkiesings staan nuwe plaaslike munisipaliteite voor die grootste uitdaging ooit ten opsigte van dienslewering aan die gemeenskappe wat hulle bedien (Business Day, 2000, 12 Julie). Daar word berig dat slegs 20% van huishoudings in die Suid Afrikaanse samelewing het nie toegang tot skoon drinkwater en basiese sanitasie dienste het nie. Meer as 30% huishoudings het nie elektrisiteit nie en ongeveer 40% beskik nie oor vullisverwyderingsdienste nie (Business Day, 2000, 12 Julie). Van die huishoudings wat wel dienste ontvang, betaal 68% hulle munisipale rekenings stiptelik terwyl 1,4 miljoen huishoudings hulle huur en dienste gelde nie gereeld betaal nie. (Sake Beeld, 2000, 4 Julie). Gevolglik gaan plaaslike owerhede gebuk onder geweldige finansiele nood. Ongeveer 151 van die 843 munisipaliteite van Suid Afrika is in 'n krisis situasie terwyl byna die helfte van hulle finansiele probleme het. (Beeld, 1999, 22 Julie). Daar is selfs plaaslike owerhede wat pensioenfonds-, werkloosheidsversekering- en belastingbydraes gebruik om te betaal vir operasionele kostes. (Beeld, 2000, 27 Maart). Die Munisipale Afbakeningsraad het die aantal munisipaliteite in Suid Afrika verminder van 843 tot 232. In Mpumalanga alleen is die bestaande 55 munisipaliteite verminder na 25, 'n vermindering van ongeveer 50%. (Beeld, 1999, 16 November). Slegs 3 munisipaliteite in Mpumalanga funksioneer behoorlik terwyl 12 in 'n kritieke toestand is (Provinsiale Beeld, 1999, 25 November). Nader aan die tuisfront het die munisipale funksies van Ogies in duie gestort as gevolg van gebrek aan bekwaamheid van personeel. Ongeveer 20% van die inwoners betaal vir munisipale dienste (Provinsiale Beeld, 1999, 26 Julie). Die samevoeging van munisipaliteite behoort Iewensvatbaar in die hand te werk.
  • Full Text:

Dismissal for operational requirements in South Africa : redesigning the current legislative framework for the Fourth Industrial age

  • Disclaimer
  • Privacy
  • Copyright
  • Contact