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Shaping the normative and constitutional landscape of psychometric testing in the workplace in South Africa

- Antohnie, Paul

Compliance with labour legislation within the small enterprise sector

- Luvhengo, Nkhuliseni Elijah

  • 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)
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The concept of fairness in relation to collective dismissals for misconduct in South African labour law

- Nxumalo, Sphelele

Atypical work in South Africa and beyond : a critical overview

- Crous, Marcus

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

- Rego, Dagan James

  • 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.
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Challenges in the polygraph testing of workers in South Africa

- Mothibe, Teke Elias

  • 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
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When does the non-recognition of religious holidays constitute unfair discrimination in the South African workplace?

- Deokiram, Nicole

  • Authors: Deokiram, Nicole
  • Date: 2017
  • Subjects: Holidays - South Africa - Religious aspects , Human rights - South Africa - Religious aspects , Holidays - Law and legislation - South Africa , Labor laws and legislation - South Africa
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/270767 , uj:28787
  • Description: LL.M. (Labour Law) , Abstract: An employee does not have an automatic right to, take off for, religious holidays in the South African workplace. However, employees that belong to the majority religion, has an automatic right to, take off for, a few of their religious holidays in the workplace because these holidays are also official public holidays. Legislation and the Constitution protects employees against acts of unfair religious discrimination in the workplace, but both are silent on the nonrecognition of religious holidays in the workplace. Case law illustrates that that must be a balance between the rights of the employer and the rights of the employee. The employer has a duty to reasonably accommodate the religious holiday(s) of the employee, however the inherent requirement of the job and undue hardship must be considered. The Canadian legal system illustrates that both the employer and the employee has a duty to mutually accommodate each other in the workplace. It is inconclusive when the non-recognition of religious holidays constitutes unfair discrimination in the South African workplace. What is certain is that, the employer is obliged to grant the employee a day off, to observe a religious holiday, in circumstances, when the non-recognition of a religious holiday(s), in the workplace, constitutes unfair discrimination.
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Heat of the moment resignations : introducing a statutory cooling-off period

- Naidoo, Angelique

  • Authors: Naidoo, Angelique
  • Date: 2016
  • Subjects: Labor laws and legislation - South Africa , Employees - Resignation - South Africa
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/236349 , uj:24191
  • Description: LL.M. (Labour Law) , Abstract: Labour Law in South Africa is constantly changing and improving from time to time. Due to the democratic dispensation which has been active since 1994, amendments to the Labour Acts occur on a yearly basis, if not less, with the aim of improving the position of employers and employees in the country. It is safe to say that the Labour Relations Act 66 of 1995 is constantly being amended as the labour laws are fairly new and need to be amended according to the changing waves of the labour force. One aspect of labour law which has seen no codification and has only been dealt with on rare occasions is the position of “heat of the moment” resignations. Legislation does not recognise heat of the moment resignations as a special category of resignation and does not provide for remedies or guidance when dealing with these types of resignations. Case law provides some authority but these are mostly contradicting. It is undeniable that South Africa is facing both an economic crisis as well as an employment crisis which affects both employees and employers. Employers have the opportunity of hiring new employment should the loss of an employee occur. However, employees who lose their employment do not have high prospects of future re-employment in a short space of time. More people are now furthering their education and obtain tertiary qualifications which create an influx of skilled applicants in the work force, thus the positions available for employment does not coincide with the amount of people seeking employment. The purpose of this dissertation is to address the issues created when an employee resigns without the intention of actually leaving the employ of the employer. The dissertation proposes that a cooling-off period should apply to employees who have resigned in the heat of the moment. The reason for this is that the employee should not be penalised for acting in an emotional state and to ensure that employees are not left out on the street due to a mistake that can be rectified in a short space of time. Employees who have been subject to losing their jobs due to resigning in the heat of the moment suffer high legal fees in seeking advice on how to rectify their...
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Die uitwerking van nuwe munisipale wetgewing op menslike hulpbronpraktyke by 'n middel grootte plaaslike bestuur in Mpumalanga

- Van Zyl, W.S.

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

- Landis, Helga

Does Section 25 of the Basic Conditions of Employment Act discriminate unfairly against fathers in South Africa?

- Mphaphuli, Tebogo

The impact of recent legislative developments on the labour law regulation of non-standard employment in South Africa

- Du Toit, Erenst Stephanus Jacobus

The position of magistrates in terms of South African labour law

- Fakier, Shahzaadee

  • Authors: Fakier, Shahzaadee
  • Date: 2017
  • Subjects: Labor laws and legislation - South Africa , South Africa. Magistrates' Courts Act, 1944
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/236443 , uj:24203
  • Description: LL.M. (Labour Law) , Abstract: The fundamental pillar any democratic society is founded on is the impartiality of the judiciary. The judiciary should exercise their responsibilities impartially without fear, favour and prejudice. The concept of an independent judiciary solely rests on the doctrine of separation of powers and in South Africa this is of the utmost importance. The issue of whether magistrates are considered to be employees in terms of the Labour Relations Act is pivotal to the discussion of this dissertation. It investigates the question whether they employees since measures are not put into place to conclusively clarify whether or not magistrates should be employees in terms of the Labour Relations Act. This dissertation will therefore investigate whether or not magistrates do in fact have the power to utilise labour law remedies and what other remedies there will be entitled to pursue. There is no clear distinct answer to the question posed but inferences are made from research indicating why the independence of the judiciary should not allow for magistrates to be considered as employees. The contract of employment and the existence of an employment relationship will clarify why on the face of it magistrates should be considered as employees but why the independence of the judiciary serves a greater purpose. This dissertation concludes by making recommendations as to how the issue of grievances of magistrates can be made appropriate through the use of a Code of Conduct working hand in hand with the Magistrates Act.
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The perception of the impact of the new rank structure by a sample of police members in Soweto

- Thepa, Maphuti Julia

  • Authors: Thepa, Maphuti Julia
  • Date: 2012-08-14
  • Subjects: South African Police Service - Officials and employees , Labor laws and legislation - South Africa , Industrial relations - South Africa , Organizational change - South Africa , Employee motivation - South Africa , Employees - Attitudes
  • Type: Thesis
  • Identifier: uj:9209 , http://hdl.handle.net/10210/5659
  • Description: M.Phil. , The South African Police Service was formed in 1913 to realise the maintenance of Law and Order and hierarchies. As a result the SAPS lacked the credibility and legitimacy in the eyes of the majority of South Africans The Police Force was associated with the abuse of human rights. When the Government of national unity assumed power in 1994, they decided there was a need to restructure the service. One of the post-1994 Government's foremost tasks was to transform the Public Service into an efficient and effective instrument capable of delivering equitable services to all citizens. This necessitated that structures, management style, approaches and practices be redesigned. Restructuring the SAPS was one of the processes of transforming the service to restore the credibility and legitimacy. It is nearly seven years since the new structure was introduced. The purpose of the research is to uncover challenges brought by the new structure. An assessment of the effect of such restructuring is necessary in order to ensure that the change of direction is appropriate. It is time for the SAPS to take stock. The main findings of the research are that, the new SAPS rank structure is conducive for the effective delivery of service as well as appropriate to achieve the Mission and Vision of the SAPS. The findings, however, revealed that the new SAPS lacked discipline. Because members are not disciplined, the community does not respect police officers like before. Again, with the new ranks juniors do not respect seniors like previously. The attitude study revealed that, although a large number of members were satisfied with the fact that they were promoted, serious dissatisfaction was caused by the system of promotion, in which the rank system undoubtedly had a major role. An assumption that SAPS employees are not happy has been proven to be true. It has generally been indicated that they were happier with the previous structure than the present one. Some of their happiness was related to facilities that were now available, achievements, recognition and advancement. The dissatisfaction brought about by the new structure was related to policies, management style and administration, promotions system, advancement, supervision, security, wages, as well as relationships with fellow employees. Among the recommendations, the main one was that members of the SAPS need to recommit themselves in order to achieve a safe and secure environment for all the people of South Africa with dignity to render a responsible and effective service of high quality and continuous strive towards improving the Service.
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The enforceability of covenants in restraint of trade subsequent to an unfair termination of employment

- Van der Merwe, Pierre Herman

  • Authors: Van der Merwe, Pierre Herman
  • Date: 2015-07-14
  • Subjects: Restraint of trade - South Africa , Labor laws and legislation - South Africa
  • Type: Thesis
  • Identifier: http://ujcontent.uj.ac.za8080/10210/378744 , uj:13738 , http://hdl.handle.net/10210/14003
  • Description: LL.M.(Commercial Law) , Generally, as can be seen from the case law dealing with the enforcement of covenants in restraint of trade, it is the employee himself or herself that terminates the employment relationship, ie resigns, often with the hope of moving to greener pastures at a competitor of the former employer or to start a competing business. Once in a while, however, it is the employer who terminates the employment relationship, ie a dismissal occurs, and the employee then wishes, as a result, to move to greener pastures. It is these occasional events, and the enforcement of restraints of trade in such events, that are the subject of the current research. The research commences by considering the South African law surrounding covenants in restraint of trade and the relevant principles of labour law, including the impact of the Constitution of the Republic of South Africa, 1996. The legal position regarding the effect of unfair terminations of employment on the enforceability of a restraint of trade is then carefully considered. It is found that while employers are obliged to deal fairly with their employees, this entitlement is based in labour law and not in the law of contract. Accordingly, should an employee feel aggrieved by the manner in which he or she was treated, the employee should look to the remedies enunciated in the LRA related to fairness and is not free to seek contractual remedies, over and above those provided for in the LRA. If employees believe that the LRA does not sufficiently satisfy their grievance, they are obliged to challenge the LRA. In this sense, an employee who seeks to oppose the enforcement of a restraint of trade on the basis of an unfair dismissal must be mindful of the alternative remedies (aimed at protecting the rights of employees) available in terms of the LRA which carry substantial clout for the employee. By ignoring such remedies, one compounds two separate fields of law, namely the law of contract and labour law. It is therefore concluded and recommended that these different fields of law be kept separate and distinct, with each being subject to its own remedies.
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Exploring the employee's experience of an outsource transfer, under the ambit of Section 197 of the Labour Relations Act 66 of 1995

- Sutherland, Riëtte

  • Authors: Sutherland, Riëtte
  • Date: 2014-11-03
  • Subjects: South Africa - Labour Relations Act, 1995 , Labor laws and legislation - South Africa , Employees - South Africa - Transfer , Employees - Relocation - South Africa , Employees - South Africa - Attitudes , Contracting out - South Africa
  • Type: Thesis
  • Identifier: uj:12735 , http://hdl.handle.net/10210/12625
  • Description: M.Phil. (Employment Relations) , Outsourcing as a strategy has been utilised by many organisations as a strategic initiative to improve core business functions and reduce costs. In the South African context, outsourcing includes the forced transfer of employees from one organisation to another. This automatic transfer is facilitated through Section 197 of the Labour Relations Act of 1995. In principle employees have a choice to seek employment elsewhere, but such a move is often restricted by long tenures of service, the lack of opportunities in the labour market, the psychological contract of employees with their employer, social affiliation with colleagues, perceived job security and comfortableness with familiar surroundings. Due to the forced nature of the employment transfer, employees would be subject to a change in identification or belonging, organisational culture, structures, management, operating principles and salary structures. These changes may significantly affect productivity, employee commitment and job satisfaction. Research purpose The research study explores the experiences of employees in an outsource transfer conducted under the ambit of Section 197 of the Labour Relations Act of 1995. The study reconnoitres employees‟ reactions to the forced organisational change so as to identify important psychological and organisational processes. Motivation for the study Despite the increasing practice of outsourcing in South Africa and abroad, limited research has been conducted on the experiences of employees during an outsource transfer. Employees that have been subject to an outsourcing transfer would have experienced a grave impact on their employment behaviour and attitudes. This would affect their relationship with previous colleagues, career development, contribute to lower levels of commitment and negatively influence their psychological contract. All these elements may influence the success of the outsourcing of business and should be taken into consideration when organisations decide to embark on outsourcing parts of their business. This study explores the employee‟s experiences during such a transfer of employment as a means to provide insight into the effect these experiences may have on the success of an outsource event. This study would aid management, human resource professionals, organisational development practitioners and scholars in understanding the impact of an outsourcing business decision on employees. Research Approach In the study, I followed a qualitative research approach. I aligned myself with the constructionist research tactic and explored the research participants‟ social construction of the outsource transfer experience. The study was conducted using as a case study a South African information-technology outsource service provider. Case-study research methodology was employed and seven research participants provided their experiences in unstructured interviews. Data was also gathered through participant observation and human documents such as e-mails. Main Findings On analysing the research data, the research participants‟ experiences could be grouped according to phases in the outsource transfer, themes and categories of constructs. These themes, categories and constructs were related to concepts and theories that had emerged from literature. This in turn culminated in the development of an Outsourcing Transition Model which integrated the psychological theory in literature and the concepts that had emerged from the research. The model provides for a holistic view of psychological theory within an operationally categorised phased approach that is easy to interpret and apply.
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A critical overview of labour protection for foreign workers in South Africa and regional economic communities

- Prior, Alexia Tamara

Restraint of trade clauses : before and after Magna Alloys and Research (SA) (Pty) Ltd v Ellis

- Pio, Palmira Teresa Maria

  • Authors: Pio, Palmira Teresa Maria
  • Date: 2017
  • Subjects: Restraint of trade - South Africa , Labor laws and legislation - South Africa
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/270988 , uj:28813
  • Description: Abstract: This dissertation focuses on how restraint of trade agreements in employment contracts have been received and cemented in South African law. The use of the term “cemented” is important as pre 1984, the place of these types of agreements in the field of South African law was uncertain. This was due to these clauses having had its foundations in English law. For many, the decision in Magna Alloys and Research (SA) (Pty) Ltd v Ellis1 was welcomed as it stated unequivocally that restraint of trade clauses are in fact part of South African law. The dissertation explores the initial position on these types of agreements by referring to precedents. A major part of the paper will be centred on determining the influence that the onset of the 1996 Constitution of the Republic of South Africa has had on these clauses after Magna Alloys and Research (SA) (Pty) Ltd v Ellis.2 For example, how did the Constitution influence subsequent cases dealing with the enforceability of restraint of trade agreements? What did the Constitution change and improve? Are there any similarities between the previous position and the existing position? This paper will conclude by conducting a comparative analysis of the position of these agreements in England and Zambia. What is significant to note is that Zambia and South Africa are similar in the sense that both jurisdictions have English law foundations. Both countries were colonies of Britain. The position of English law on these types of agreements was firmly set out in Esso Petroleum Co Ltd v Harper’s Garage (Stourpot) Ltd.3 This case will be a focal point when discussing, comparing and contrasting the English position to that of the South African and Zambian positions. What is interesting to note is despite similar historical background the two countries have taken different approaches to restraint of trade clauses with the former totally departing from traditional approaches. This paper will show how interpreting constitutional provisions have had an effect on how these legal systems have received agreements in restraint of trade. , LL.M.
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A critical analysis of the right to establish a threshold of representatives in the workplace

- Mabuza, Rex Joseph

Die invloed van onbillike arbeidspraktyke op die verbintenisse uit die dienskontrak

- Van der Merwe, Francois Johannes

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