Academic literature on the topic 'Apollo Tyres Ltd'

The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd[1] the Labour Court (the "LC") held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telkom South Africa Ltd[2] the LC endorsed the decision in Samsung and held that if benefits were to be interpreted to include remuneration then this would curtail strike action with regard to issues of remuneration. In Hospersa v Northern Cape Provincial Administration[3] the issue regarding the interpretation of the term benefits did not relate to whether or not it included remuneration but rather to whether it included a hope to create new benefits which were non-existent. The Labour Appeal Court (the "LAC") held that the term benefits refers only to benefits which exist ex contractu or ex lege but does not include a hope to create new benefits. The LAC adopted this approach in order to maintain the separation between a dispute of interest and one of mutual interest, the latter being subject to arbitration whilst the former is subject to the collective bargaining process (strike action). In Protekon (Pty) Ltd v CCMA[4] the LC disagreed with the reasoning in Samsung and held that the term remuneration as defined in section 213 of the LRA is wide enough to include payment to employees, which may be described as benefits. The LC remarked that the statement in Samsung to the effect that a benefit is something extra from remuneration goes too far. It further remarked that the concern that the right to strike would be curtailed if remuneration were to fall within the ambit of benefits need not persist. It based this statement on the reasoning that if the issue in dispute concerns a demand by employees that certain benefits be granted then this is a matter for the collective bargaining process (strike action) but where the issue in dispute concerns the fairness of the employer’s conduct then this is subject to arbitration.[5] It is then no surprise that the issue regarding the interpretation of the term benefits once again came before the LAC in Apollo Tyres South Africa (Pty) Limited v CCMA & others.[6] The LAC was tasked with deciding if the term could be interpreted to include a benefit which is to be granted subject to the discretion of the employer upon application by the employee. In deciding this, the LAC overturned the decisions in Samsung and Hospersa and opted to follow the decision in Protekon. Apollo is worthy of note as it is the latest contribution from the LAC regarding the interpretation of the term benefits and it is of binding force for the Commission for Conciliation Mediation and Arbitration and Labour Courts in terms of the principle of stare decisis. The purpose of this note is threefold. Firstly, the facts, arguments and judgment in Apolloare stated briefly. Secondly, the judgment is critically analysed and commented upon. Thirdly, the note concludes by commenting on the way forward for benefit disputes in terms of section 186(2)(a) of the LRA.

The first edition of 2015 boasts 13 contributions dealing with a variety of topics. The first article, by Ben Coetzee Bester and Anne Louw, discusses the persistence of the "choice argument", which is based on the rationale that domestic partners who choose not to marry cannot claim spousal benefits, and arrives at the conclusion that legislation should differentiate between registered and unregistered domestic partnerships for the purpose of spousal benefits. Ernst Marais has written two articles on expropriation. In the first he examines the meaning and role of state acquisition in South African law and in the second he deals with the distinction between deprivation and expropriation in the light of Agri South Africa v Minister for Minerals and Energy 2013 4 SA 1 (CC), where the Constitutional Court recently revisited the distinction between the two concepts and held that the distinguishing feature of expropriation is that it entails state acquisition of property, whilst deprivation takes place where there is no such acquisition. The fourth article, by Emeka Amechi, explores the measures taken by the National Recordal System and Disclosure of Origins in leveraging traditional knowledge within the structure, content and conceptual framework of the patent system in South Africa. The South African Companies Act and the realization of corporate human rights responsibilities is the focus of Manson Gwanyanya's article. He comes to the conclusion that the wording of the Act is such that it prevent human rights abuses by companies. In her contribution Melanie Murcott discusses the development of the doctrine of legitimate expectations in South African law and the failure of the Constitutional Court to develop the doctrine even further in the recent case of Kwazulu-Natal Joint Liaison Committee v MEC for Education, Kwazulu Natal. The second last article, which is by Lucyline Murungi, considers the implementation of the UN Convention on the Rights of Persons with Disabilities (2006) to provide for inclusive basic education in South Africa, and the last article, which is by Matome Ratiba, examines the significance of places of worship for Native Americans and demonstrates the valuable lessons South Africa could learn from the earth jurisprudence that has developed in the USA and elsewhere. The first note, authored by Magdaleen Swanepoel, discusses legal issues with regard to mentally ill offenders with specific reference to the cases where mental illness is raised as a defence in criminal cases. The second note, by Michelle Fuchs, deals with recent legal developments relating to the formalities involved when a mortgagee wants to declare immovable property executable to satisfy outstanding debt. The last contribution in this edition is a case note by Elmarie Fourie. She considers the question of what constitutes a benefit in terms of section 186(2) of the Labour Relations Act 66 of 1995, which was examined in Apollo Tyres South Africa (Pty)Ltd v CCMA 2013 5 BLLR 434 (LAC).

EditorialThe first 11 articles in the first issue of 2014 deal with global legal topics ranging from outer space to domestic South African matters and legal challenges in other African countries, such as Uganda, Nigeria and Zimbabwe. Anél Ferreira-Snyman discusses legal challenges relating to the commercial use of outer space, with specific reference to space tourism. She points out that the current legal framework is outdated and no longer deals adequately with the rapidly developing space tourism industry. Further away from the moon, although it deals with creations of the mind and is just as mysterious for the average person, is the contribution of André van der Walt and Richard Shay, which analyses the South African Constitutional Court's treatment of intellectual property. They focus on the methodology that the Court has formulated to assess if state interference complies with constitutional provisions to determine if state intervention into property interests has been legitimate. The third contribution, by Joel Baloyi, also deals with a creation of the mind, namely copyright. He attempts through a comparative analysis to demystify the role of copyright as a tool for economic development in Africa and criticises the stifling effect the transferability principle has on the effectiveness of copyright in certain African countries. Bradley Slade discusses the differences between the concepts "public purpose" and "public interest" in the context of third party transfers as a result of property being expropriated for the realisation of public purposes in the fourth contribution. The influence of the Constitution of South Africa, 1996 on organ transplants is the topic of the fifth contribution, by Debbie Labuschagne and Pieter Carstens. They come to the conclusion that the South African government has failed to provide an effective legal framework to relieve the shortage of human organs available for transplantation. Sixthly, Lize Mills discusses recently proposed regulations prohibiting the advertising and promotion of infant formulae and other products marketed as being suitable for infants or young children with the purpose of promoting breast-feeding. The last five articles move further afield and deal with legal issues elsewhere in Africa. Dana van der Merwe gives a comparative overview of the relationship between digital information in certain legal fields in South Africa and Uganda. Nazreen Shaik-Premanov examines Zimbabwe's Marange conflict diamond situation and Lovemore Chiduza analyses the Zimbabwean constitutional provisions on judicial independence. Peter Obutte scrutinises ICT laws in Nigeria and the last two authors, Serges Kamga and Ogechukwu Ajoku, reflect on addressing human rights violations by extractive industries in both South Africa and Nigeria.Four notes are also published in this issue. The first one is an overview article by Christa Rautenbach dealing with the modern-day impact of cultural and religious diversity as reflected in the book on "Managing Family Justice in Diverse Societies". The other four notes are case discussions. The first one is a discussion of the case of Government of the Republic of Zimbabwe v Louis Karel Fick by Erika de Wet. The second one is a discussion of the case of Le Sueur v eThekwini Municipality by Warren Freedman, and the last one is a discussion of the case of Apollo Tyres v South Africa (Pty) Ltd v CCMA by Shamier Ebrahim.Editor: Prof C Rautenbach

The design and optimization of re-entry spacecraft or its subsystems is a multidisciplinary or multiobjective optimization problem by nature. Multidisciplinary design optimization (MDO) focuses on using numerical optimization in designing systems with several subsystems or disciplines that have interactions and independent actions. In the present paper, the system-level optimizer, trajectory, geometry and shape, aerodynamics, and aerothermodynamics differential equations, are converted to algebraic equations using the Radau pseudospectral method (RPM) since a spacecraft is a nonlinear, extensive, and sparse system. The solution to the problem with the help of MDO is reached by iterating all the disciplines together; one can simultaneously enhance the design, decrease the time and cost of the entire design cycle, and minimize the structural mass of a re-entry spacecraft. Considering various methods presented in earlier research works, a combined and innovative all-at-once (AAO), RPM-based MDO method, including the key subsystems in the design process of a re-entry capsule-shape spacecraft with a low lift-to-drag ratio (L/D), is presented. Considering the applicable state and control variables, various constraints, and parameters applied to several geometric shapes of a blunt capsule and using Apollo’s aerodynamic and aerothermodynamic coefficients, the optimized dimensions for a re-entry spacecraft are presented. The introduced optimization scheme led to a 17% mass reduction compared to the original mass of the Apollo vehicle. Fast computing and simplified models are used together in this method to analyze a wide range of vehicle shapes and entry types during conceptual design.

Apollo 13 was initially looking like it would be the smoothest flight ever. After the explosion of an oxygen tank, however, the astronauts were close to spending the rest of their lives in rotation around the planet. This well-known incident is used to further discuss the link, or lack thereof, between sport-science research and current field practices. There is a feeling that the academic culture and its publishing requirements have created a bit of an Apollo 13–like orbiting world (eg, journals and conferences) that is mostly disconnected from the reality of elite performance. The author discusses how poor research discredits our profession and provides some examples from the field where the research does not apply. In fact, the reality is that sport scientists often do not have the right answers. Some perspectives to improve translation are finally discussed, including a rethink of the overall publishing process: promotion of relevant submission types (eg, short-paper format, short reports, as provided by IJSPP), improvement of the review process (faster turnaround, reviewers identified to increase accountability, and, in turn, review quality), and media types (eg, free downloads, simplified versions published in coaching journals, book chapters, infographics, dissemination via social media). When it comes to guiding practitioners and athletes, instead of using an evidence-based approach, we should rather promote an “evidence-led” or “informed-practice” approach—one that appreciates context over simple scientific conclusions.

The life of Oleksandr Mykolaiovych Karasiov, a well-known archaeologist, a specialist in antiquity of the Northern Black Sea region, the discoverer of the Olbian agora, stoa, gymnasium and the central temenos of Olbia, was eventful. His biography and the path to archaeology was very thorny and difficult. However, until now the biography of this researcher has not been given enough attention, which is corrected by this article. Oleksandr Karasiov was born in St. Petersburg on August 3, 1902. During his busy life, before becoming an archaeologist, he managed to work as an extra in the health department at the registry office, volunteered in the Baltic Fleet as a journalist, began studying at the Higher School of Pilot-Observers and entered the Institute of Civil Engineers at the Faculty of Architecture. And this is not a complete list. Finally, in January 1925, he entered the Leningrad State University at the Faculty of Linguistics and Material Culture. Since 1926, during his studying at the university, O. Karasiov participated annually in the archaeological excavations at Olbia, which were initially led by B. V. Farmakovskyi, and considered himself as one of his disciples. Since that time, O. Karasiov was a tireless researcher of Olbia for 45 years, includingt 34 field seasons. The greatest archaeological achievements of O. Karasiov were made after the Second World War, when he, together with his wife, O. I. Levi, led the excavations at the «E» site, where for the first time they made the most significant discoveries published in the work Olvia. Temenos and agora and in many other articles. O. M. Karasiov owns the longest list of works on the monumental buildings of the Olbian temenos with a detailed examination of cultural stratifications, a functional definition of various types and purposes of stone structures, among which the most significant are the largest altar in the Northern Black Sea region, the temples of Apollo Delphinius, the spherical foundations of a possible Delphinion and the temple of Zeus of the Hellenistic time, large and small stoas, sacred treasury, etc. A thorough study of the monuments of the Olbian temenos, representing a single architectural ensemble and their publication, rightfully belongs to one of the most important archaeological discoveries made in Olbia and in the Northern Black Sea region in general.

To understand the use of remote sensors in forestry measurements, some of the most relevant definitions have been taken from a wide variety that currently exist, therefore, we will say that these generally play a predominant role in the Dasometry and that all The forest resource requires qualitative and quantitative information regarding the state of the forest and its evolution over time, with sampling that follows one of the existing methods. Historically, modern discipline arises with the invention of flight and the first photographs are obtained from a balloon in the years 1858 and 1859, in 1909 and on board the airplane the first photographic observation is acquired. The first aerial camera was developed in 1915 by J.T.C. Moore, starting the interesting way forward in the techniques of aerial photography using modified combat aircraft giving way to what was called systematic aerial photography in the late 50s. The development on a global scale of the first artificial satellites, allowed remote sensing in the middle of the 20th century on board the first satellite placed in orbit is that of the TYROS series in 1960 by NASA, becoming the pioneer in missions of meteorological observation, which also led to the appearance of satellite image processing, using mathematical procedures such as the Fourier transform. During the 70s missions were promoted with the objective of exploring the solar system and the moon; giving rise to the first spatial photographs taken by Alan B. Shepard rudimentary, Subsequently, Apollo-9 was used for the first multi-spectral experiment in which 4 Hasselblad cameras with different filters were installed. On July 23, 1972, the Landsat project appeared with the launch of the first satellite of the ERTS series (Earth Resources Technology Satellite). Google Earth in the 21st century, introduces online web services making remote sensing accessible to all audiences, with many techniques and processes that allow an image of the earth's surface to be obtained remotely captured by remote sensors located on satellites or airplanes that gather the spectral and spatial relations of objects. Interferometric radar synthetic aperture They are used to producing accurate digital models of large areas of land. LiDAR(An acronym for the English Light Detection and Ranging) is a monochrome active sensor, its mode of operation consists of measuring the distance between the sensor and the target. It is less expensive compared to manual inventory is multi-purpose, allows a complete survey of the study area, is more efficient than photogrammetry. The multi-spectral acquisition is based on the collection and analysis of areas or objects that emit or reflect radiation at a higher level than nearby objects. The quality of the information collected remotely, once the correction of errors through georeferencing with the help of specialized programs, will depend on their resolutions: spatial, spectral, radiometric and temporal.

The main purpose of this study is to determine, predict and evaluate key economic conditions and company performance in the future. Another purpose of this study is to analyze the financial statements and rather to provide information for financial managers to make decisions about their business. The financial statements utilize the tools, analysis strategies and techniques required for business analysis. It is a diagnostic tool for evaluating financial performance, investment and performance activities and an evaluation tool for management decisions and other business decisions. Managers use financial reports to determine the company’s position and provide information to shareholders, to see how reasonable the investment made in the company is. For potential investors, analyzing a company’s financial statements is very important, because, first, they want to know the company’s realities and then decide whether to invest or not.

After the companies Act, 2013, CSR is mandatory for companies fulfilling specified conditions. In this regard, almost all the companies are spending 2% of 3 years average profit as CSR activities such as, promoting education, promoting gender equality, reducing child mortality, promoting vocational skills, etc. This research paper focuses on the study of the satisfaction level of CSR skill development activity carried out in rural area of Vadodara District by selected four companies viz. Apollo Tyre Ltd., Reliance Industries Ltd., Alembic Pharmaceutical Ltd., SEBIC Innovative Plastic India Private Ltd. Responses have been collected from 100 beneficiaries. Analytical research methods have used in this paper. The researcher has developed 3 objectives and 2 hypotheses and tested by Chi-Square. It is found that respondents are satisfied with the skill development activities of the companies

Convencidos de que la planificación de las actividades comerciales no puede asumir un carácter puramente económico y de gestión, sino que debe ocupar un papel central en el discurso sobre la ciudad, esta investigación trata de arrojar luz sobre los mecanismos de producción recíproca de ciudad y sistema comercial, o de su mutua negación. La interpretación de la relación entre comercio y ciudad ha sido explicada a través del estudio de los modelos comerciales que caracterizan la ciudad de Lisboa. El análisis de la reciente historia comercial de la capital portuguesa -desde 1970 hasta 2010-, lleva a la definición de tres macro-categorías que corresponden a otros tantos tipos de relación entre ciudad y comercio: los sistemas comerciales simbióticos, comensalistas y parásitos. The planning of commercial activities cannot limit itself to purely economic and management dimensions, but should be central to any debate on the city. This inquiry contributes to illuminate the city and commercial systems production mechanisms that can be either mutually reinforcing or mutually negating. Our interpretation of the relationship between the commercial spaces and the city is based on the study of commercial models that characterize Lisbon. This analysis of its recent commercial history - from 1970 to 2010 - has led to the definition of three macro - categories of commercial systems that illustrate three types of relationships between the city and its commercial dimension: symbiotic, commensal, and parasitic.