Academic literature on the topic 'Employment law – South Africa'
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Journal articles on the topic "Employment law – South Africa"
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Cornish, René, and Kieran Tranter. "The Cultural, Economic and Technical Milieu of Social Media Misconduct Dismissals in Australia and South Africa." Law in Context. A Socio-legal Journal 36, no. 2 (2020): 1–32. http://dx.doi.org/10.26826/law-in-context.v36i2.113.
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The intersection between social media activity and employment is an emerging global issue. This article examines the cultural, economic and technical milieu that has generated contested social media misconduct dismissals in Australia and South Africa. Through an analysis of 42 Australian and 97 South African decisions, it is argued that the ubiquitous, enduring and open nature of social media affects employment quite differently depending on country specific factors. In Australia, the absence of entrenched political rights has meant that employee social media use is not subject to reasonable expectations of privacy. However, there is also tolerance for a certain level of larrikin behaviour. In South Africa, the existence of enshrined rights manifests differently in the context of social media dismissal. Within a culturally diverse population with deeply fractured race relations, the decisions reveal a White minority still perpetuating dominance over a historically disadvantaged Black workforce.
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Olivier, Marius, and Avinash Govindjee. "The Inter-Relationship between Administrative Law and Labour Law: Public Sector Employment Perspectives from South Africa." Southern African Public Law 30, no. 2 (2017): 319–46. http://dx.doi.org/10.25159/2522-6800/3583.
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The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.
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Calitz, K. "Globalisation, the Development of Constitutionalism and the Individual Employee." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 2 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2007/v10i2a2805.
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Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts.
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Iwu, Chux Gervase. "Kulula.com, South Africa – a case study." Emerald Emerging Markets Case Studies 1, no. 1 (2011): 1–3. http://dx.doi.org/10.1108/20450621111124433.
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Subject area Human resource management; primarily employment law impacting on employment relations. Study level/applicability Second year (or 200 level) students up to post graduate programmes in Business Management, Human Resources Management and Law. Case overview The world is still fascinated by South Africas transition to democracy; what with stories of massacre (Sharpeville, etc.) of those who dared challenge white supremacy and the battle for prominence between the African National Congress and the Inkatha Freedom Party. Since gaining independence, South Africa has attracted investors from far and wide. Now and again, one hears news stories that report about forms of disgruntlement from whites and blacks, respectively. In some quarters, you may hear stories suggesting the white community has not completely gotten over their resentment of black leadership. In some other quarters, you are likely to hear the blacks insist that the South African land space belongs to them and as a result they should be in charge of the distribution of wealth, one must understand that much of the wealth of the South African land still resides with the Whites. In what is considered as a fair attempt to integrate all the citizens of the republic, the new government of Nelson Mandela came up with a constitution that is hailed as perhaps the best in the world. Carved out of the United Nations Human Rights Charter, it proposes a free society that recognizes all its inhabitants regardless of colour. Within the world of work, the constitution identifies seven very important statutes that not only give effect to and sustain the republics membership of the International Labour Organisation, but also help to realize and regulate the fundamental rights of workers and employers. Main learning objective Test students understanding of the legal statutes that pertain to employment relations and human resource management in South Africa. Expected learning outcomes Understand the legislation affecting management and staff. Understand and apply the principles of recruitment and selection of staff. Identify and apply the options open to managers in staff training and development. Identify and apply the appropriate performance management systems. Understand and apply the strategic human resource planning process. Supplementary materials Teaching note.
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Fourie, E. S. "Non-Standard Workers: The South African Context, International Law and Regulation by The European Union." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (2017): 109. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2787.
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The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.
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le Roux, R. "The Evolution of the Contract of Employment in South Africa." Industrial Law Journal 39, no. 2 (2010): 139–65. http://dx.doi.org/10.1093/indlaw/dwq002.
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GIBBONS, JACQUELINE A. "Women Prisoners and South Africa." Prison Journal 78, no. 3 (1998): 330–43. http://dx.doi.org/10.1177/0032885598078003007.
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This article discusses the lives of women in prison in the new South Africa. It describes observations during site visits by the author to prisons in the Durban and Cape Town areas in the summer of 1995 and the spring of 1997. The article covers topics ranging from educational and employment opportunities to child care and maintenance of family ties, concluding that the ambitions of the country's new Constitution remain a far cry from the social and economic realities for the vast majority of its imprisoned women.
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Diedericks, Leana. "The Employment Status of Magistrates in South Africa and the Concept of Judicial Independence." Potchefstroom Electronic Law Journal 20 (November 8, 2017): 1–32. http://dx.doi.org/10.17159/10.17159/1727-3781/2017/v20i0a1475.
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Protection in terms of labour law is primarily only available to persons with status as employees. In South Africa the courts have over the years developed different tests to establish who is an employee and therefore entitled to protection afforded by labour law. These tests have been incorporated into legislation. The Labour Relations Act 66 of 1995 provides for a definition and presumption of who is an employee. The Act further excludes certain categories of persons from its application and ambit. Although magistrates have not expressly been excluded from the application of the Act, it has been held that they are not employees, because such a categorisation would infringe upon the principle of judicial independence as guaranteed by the Constitution of the Repubblic of South Africa, 1996.
 The purpose of this paper is to evaluate whether magistrates could be categorised as employees in terms of the traditional tests of employment and still be able to maintain judicial independence as required by the South African Constitution.
 
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Khosa, Dee. "Gender and Police Leadership: An Analysis of Metropolitan Police Departments in South Africa." International Journal of Criminology and Sociology 10 (August 23, 2021): 1333–41. http://dx.doi.org/10.6000/1929-4409.2021.10.153.
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Despite a number of initiatives aimed at improving the representation and progressive of women in the law enforcement. Studies continue to document the persistence of gender inequality within law enforcement agencies all over the world and South Africa is not an exception. This article bring to light gender inequalities in the law enforcement sector where women in leadership ranks remains low. Historically, the police career was male-dominated and females were not allowed to work in the police. Therefore, equal gender representation in the workplace should by now be at an advanced developmental stage in South Africa since the abolition of discrimination rules. The Commission on Employment Equity of South Africa reported that women comprised 44.8% of the economically active population, yet males were still in charge of senior management positions in South African industries including the law enforcement environment. The data was collected from female officers from Metropolitan Police departments in Gauteng province. The findings suggest that culture, stereotypes, economic and socio-political dynamics, and physical fitness were perceived as barriers that hindered the representation of women into senior leadership positions.
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Osode, Patrick C. "CASE NOTE." Journal of African Law 45, no. 2 (2001): 217–26. http://dx.doi.org/10.1017/s0221855301001717.
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DEFINING THE LIMITS OF PERMISSIBLE EMPLOYMENT DISCRIMINATION AGAINST PERSONS LIVING WITH HIV/AIDS IN SOUTH AFRICA: HOFFMAN V. SOUTH AFRICAN AIRWAYS [2000] 12 BLLR 1365.Perhaps the most positive and exciting aftermath of the apartheid era is the construction of the new South Africa upon the foundation of a Constitution and other legal instruments that are unanimous and unambiguous in two respects. The first is in their proscription of unfair discrimination and the second is in their permission of statutory and other measures aimed at eliminating the effects of past discrimination on those groups of persons who were at the receiving end of same. The provisions of these instruments as well as their tenor and spirit reveal an unmistakable national resolve to break from a culture of racial discrimination to a constitutionally protected culture of human rights for South Africans of all ages, classes and colours. Without doubt, the most important of those provisions is the equality clause of the Bill of Rights contained in the second chapter of the Constitution. This probably follows from a realization of the fact that equality is fundamental to “the maintenance and propagation of human rights in a democratic body politic, particularly in an acutely divided society” such as South Africa.
Dissertations / Theses on the topic "Employment law – South Africa"
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Meintjes-van, der Walt Lirieka. "The domestic worker some considerations for law reform." Thesis, Rhodes University, 1993. http://hdl.handle.net/10962/d1003198.
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This thesis examines ways in which domestic workers in South Africa could be included within the scope of existing industrial legislation. At present the legal position of a work force of 862 000 is regulated by the common law contract of service. Socio-economic factors form the background of this investigation,which first sets out to determine whether the common-law contract of employment is capable of equitably regulating the employment relationship. The fallacy of the assumption that individuals agree on the terms of exchange in the employment contract on the basis of juridical equality, and the tenuous nature of the common-law employment relationship in the case of domestic workers are revealed. In the absence of any current statutory minima the employment contract is used to deprive domestic workers of what little protection they enjoy at common law. The two ways in which the individual employee's conditions of service can be protected from terms favouring the stronger of the two contracting parties are discussed. These are collective bargaining and statutory regulation. Difficulties experienced by domestic workers in respect of collective bargaining, whether they be included under the Labour Relations Act or not, are indicated. Proposals for including domestic workers under the Basic Conditions of Employment Act are evaluated in the light of legislation in the United States of America, Zimbabwe, Swaziland and Namibia. Ways of minimum-wage fixing are investigated, and it is concluded that the provisions of the Wage Act could be adapted for domestic workers. The 'unfair labour practice'concept is examined and the implications of its application for the domestic labour sector evaluated. It is recommended that the concept 'fairness' in the Labour Relations Act should apply to domestic workers, but that a code of practice be drafted to provide conceptions of 'fairness' as guidelines for employment behaviour. It is suggested that the parties refer disputes to mediation before being granted access to a Small Labour Court established for this purpose. In conclusion a draft code of practice is presented, as a basis for negotiation at a forum representative of the major actors in the domestic labour arena.
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Ristow, Liezel. "Sexual harassment in employment." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/341.
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Africa as no exception. It is generally accepted that women constitute the vast majority of sexual harassment victims. Sexual harassment is therefore one of the major barriers to women’s equality as it is a significant obstacle to women’s entrance into many sectors of the labour market. The Constitution now provides that no person may unfairly discriminate against anyone on grounds of, inter alia, sex and gender. The Employment Equity Act now provides that harassment is a form of unfair discrimination. It has been said that harassment is discriminatory because it raises an arbitrary barrier to the full and equal enjoyment of a person’s rights in the workplace. Much can be learned from the law of the United States and that country’s struggle to fit harassment under its discrimination laws. The Code of Good Practice on the Handling of Sexual Harassment Cases attempts to eliminate sexual harassment in the workplace by providing procedures that will enable employers to deal with occurrences of sexual harassment and to implement preventative measures. The Code also encourages employers to develop and implement policies on sexual harassment that will serve as a guideline for the conduct of all employees. Although the Code has been subject to some criticism, particularly regarding the test for sexual harassment, it remains a valuable guide to both employers and employees alike. The appropriate test for sexual harassment as a form of unfair discrimination has given rise to debate. Both the subjective test and the objective test for sexual harassment present problems. Some authors recommend a compromise between these two tests in the form of the “reasonable victim” test. The Employment Equity Act makes the employer liable for the prohibited acts of the employee in certain circumstances. The Act, however, places certain responsibilities on the employer and the employee-victim before the employer will be held liable for sexual harassment committed by an employee. Sexual harassment committed by an employee constitutes misconduct and can be a dismissible offence. An employer may also be held to have constructively dismissed an employee, if the employer was aware of the sexual harassment and failed to control such behaviour, and the employee is forced to resign. The test for determining the appropriateness of the sanction of dismissal for sexual harassment is whether or not the employee’s misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. However, for such a dismissal to be fair it must be both substantively fair and procedurally fair.
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Laher, Ismail. "A critical analysis of employment equity measures in South Africa." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1003195.
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This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.
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Pauw, Julius Bremer. "Statutory regulation of temporary employment services." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019715.
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This treatise specifically explores section 198 of the Labour Relations Act, 66 of 1995, which regulate temporary employment service. However, before one can assess this section in particular, other legislation has to be considered dealing with temporary employment services, read in conjunction with the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter the “Constitution”), as all legislation is subject thereto. As summarised by Navsa AJ in the judgment of Sidumo& Another v Rustenburg Platinum Mines Ltd & Others: “The starting point is the Constitution. Section 23(1) of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices”. The Labour Relations Act, 66 of 1995 (hereinafter the “LRA”) is also subject to the Constitution, and section 198 has to be evaluated and assessed against the Constitution as is set out in section 1 of the LRA, which provides that: “The purpose of this Act is to advance economic development, social justice, labour peace and the democratisation of the workplace by fulfilling the primary objects of this Act, which are (a) to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution...” The LRA was drafted while the Interim Constitution was in effect, this being the reason why section 1(a) refers to section 27 of the Constitution, the Interim Constitution, and not the final Constitution, which was enacted in 1996. The Honourable Justice Conradie held in NAPTOSA & others v Minister of Education, Western Cape & others [2001] 22 ILJ 889 (C): “that the effect of section 1(a) is to ensure that the LRA “[marries] the enforcement of fundamental rights with the effective resolution of labour dispute temporary employment service . . . If an employer adopts a labour practice which is thought to be unfair, an aggrieved employee would in the first instance be obliged to seek a remedy under the LRA. If he or she finds no remedy under that Act, the LRA might come under constitutional scrutiny for not giving adequate protection to a constitutional right. If a labour practice permitted by the LRA is not fair, a court might be persuaded to strike down the impugned provision. But it would, I think, need a good deal of persuasion”. The Constitution and the LRA lay the basis for temporary employment services in the South African law context, and are the primary laws dealing with this topic. Although the main focus of the treatise is section 198 of the LRA in dealing with temporary employment services, it is evident that secondary labour legislation also regulates temporary employment services. It is noteworthy that each piece of legislation has different requirements and/or essentials regulating temporary employment services, even though some of the legislation have very similar provisions. Secondly, each of the pieces of legislation also determines and attaches different meanings to who the real employer is. This is important so as to establish who, as between the temporary employment service and its client, may be held liable for obligations arising out of the employment relationship. A tripartite relationship is created by temporary employment service arrangements, in that there is the temporary employment services –client relationship, the temporary employment service’s employer - employee relationship and the client –employee relationship, each with its own rights, obligations, and requirements for termination. A further focus of the treatise is the problems experienced in the employment relationship between the temporary employment service and its employees and the termination of the relationship. The difficulties and potential unfairness arising from termination of the relationship between the temporary employment service and its employees have resulted in legislative developments and proposed amendments, most notably the repeal of section 198. These proposals are discussed herein, including the question of whether section 198 should be repealed, or whether temporary employment services should be more strenuously regulated in order to resolve the problems being experienced with the application of section 198 in its present form. It is proposed in conclusion that temporary employment services be more strenuously regulated, as the repeal of section 198 will not be socially and economically beneficial to the workforce of South Africa, nor the Labour Market. Further, it would be contrary to the Constitution and purpose of the Labour Relations Act.
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Salim, Raya Said. "The consequences of unlawful and prohibited contracts of employment in labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1041.
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The purpose of having labour laws in South Africa is to regulate employment contracts and the relationship between the employer and the employee. Once a legally binding contract comes into being the Labour Relations Act of 1995 automatically applies alongside the Basic Conditions of Employment Act and various other labour legislations. Common law rules play a vital role in the formation of an employment contract. For an ordinary contract to have legal effect, four basic requirements need to be met. Briefly, parties to the contract must have reached consensus, parties’ performance of their obligations must be possible, the conclusion and objectives of the contract must be lawful and that both parties to the contract must have the necessary capacity to conclude the contract. Once these requirements have been met one is said to have concluded a valid contract. Nevertheless for the purposes of this study, we focus specifically on the employment contract. Aside from the general common law requirements for a valid contract, for an employment contract to be recognised and protected by labour legislations, it is important to distinguish an employee from an independent contractor since only the former enjoys legal remedies afforded by labour law. Common law contractual rights and duties automatically apply once an employment relationship is established in addition to the rights and duties specified in the contract itself. Common law rules regarding morality plays a major role in our modern day societies, as shall be discussed the workforce has not been left untouched by this important principle. Morality greatly influences a society’s view concerning acceptable and unacceptable behaviour or practices. It goes without saying that a contract should not be contrary to the moral views of the society in which the parties find themselves in. A contract can be complying with all the statutory requirements for a valid employment contract; however it may at the same time be tainted with illegality as the object of performance is considered immoral in the society such as an employment contract to perform prostitution. Conversely, another scenario may involve a party to an employment contract who is a child below the age of 15 years old; the contract is invalid as it contravenes section 43 of the Basic Conditions of Employment Act. Despite clear statutory prohibitions this practice may be perfectly acceptable in the eyes and minds of the society. The purpose of this study is to evaluate prohibited and unlawful contracts of employments, how the law (both common law and statutory law) treats such contracts in the sense that; whether they are protected or not and to what extent these laws have been developed to influence modern attitudes concerning such contracts. One stark example is illustrated through case law where the court had to determine the validity of an employment contract concluded between an employer and an illegal immigrant.
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Gixana-Khambule, Bulelwa Judith. "Unfair discrimination in employment." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/359.
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In this treatise the South African law relating to unfair discrimination is discussed. The development is traced from the previous dispensation and the few pronouncements of the Industrial Court on discrimination in employment. Thereafter the actual provisions in the law presently applicable, including the Constitution is considered. With reference to leading cases the issue of positive discrimination by adopting affirmative action measures is evaluated and reference is made to other defences like inherent requirements for the job and a general fairness defence. The conclusion is reached that South African law is developing to give effect to the notion of substantive equality with a view to eradicate the systematic discrimination of the past.
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Dlamini, David Vusi. "A comparative study of employment discrimination in South Africa and Canada." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/330.
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South Africa and Canada have emerged from a history fraught of inequalities, which were characterised by segregationist practices. Such inequalities have served as an epitome of discrimination taking place in the society and the workplace in both countries. Both South Africa and Canada had their discrimination affecting black peoples (Africans, Indians and Coloureds) and Aboriginal peoples (Indians, Inuits or Métis) respectively, women and people with disabilities. In both countries discrimination has polarised society. It is against this backdrop that both countries have attempted to eliminate unfair discrimination through the promulgation of relevant legislation that seeks to, inter alia, provide the regulatory framework in respect of employment discrimination. With the foregoing in mind, the purpose of this work is the provision of a selection of comparable aspects of employment discrimination in Canada and South Africa. This selection comprises discrimination on the basis of race, gender, sex, pregnancy, age and HIV/AIDS. The study uses, as its departure point, both countries’ constitutional framework to elicit the extent to which protection against unfair discrimination is extended to the workforce. Apart from looking at the constitutional provisions towards the elimination of unfair discrimination, reference is made to specific employment statutory provisions in order to provide a comprehensive and explicit picture of how workplace discrimination in both countries is regulated. The study focuses on substantive law from both countries about the above -mentioned aspects of discrimination. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of discrimination could lead to failure to achieve the objectives of the study. It also looks at specific Canadian and South African case law, judgments of the courts and jurisprudence in the field of employment discrimination in order that the reader is presented with a clearer picture of recent developments in addressing workplace inequalities.
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Loock, Madelaine. "The application of BEE legislation on employment." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/17990.
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BBBEE is currently on everyone’s minds and the uncertainty surrounding the changes to the Codes of Good Practice as well as the Sector Codes leaves business owner’s with a feeling of uncomfortable anticipation. The changes to the Codes of Good Practice has set the tone and most of the Sector Codes are being modelled around the Codes. Business owners will have to adapt to the changes and plan in advance in order to avoid being without a compliant BEE certificate. This will entail a strategic analysis of the company’s financial position as well as a strategic BEE plan for the 12 months they will be rated on.
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Guhl, Christian Andreas. "Comparison of post-employment restraints in South Africa, England and Germany." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/49755.
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Thesis (LLM)--University of Stellenbosch, 2003.<br>ENGLISH ABSTRACT: This dissertation deals with restraints in post-employment cases in England, South Africa and
Germany. The attempt was made to compare the restraint of trade doctrine that was developed
in England and is still used in the common law countries, on one the hand, and the German
restraint of trade rules on the other.
Therefore the development of the restraint of trade doctrine in England is described, as well as
the modifications of the restraint of trade doctrine in South Africa. Also it is given an overview
of the German restraint of trade rules.
As far as the English and South African law is concerned, the historical developments and
applicable principles of the restraint of trade doctrine are emphasised, whereas the main aim in
the German part is to give an overview about the codified restraint of trade rules.
While comparing the common law doctrine and the German restraint of trade law it is
emphasised that in the common law countries the reasonableness and public interest plays an
important role, whereas in German restraint of trade law, on the other hand, the payment of
compensation is an important matter.<br>AFRIKAANSE OPSOMMING: geen opsomming
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Loyson, Madeleine. "Substantive equality and proof of employment discrimination." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1059.
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This dissertation is a journey through the legislative changes and case law in order to analyse and evaluate the changing nature of South African jurisprudence in respect of the notions of equality, discrimination and affirmative action and the manner in which these issues are proved and dealt with in our courts. It focuses firstly on the emergence of the post-Wiehahn labour laws and the developing jurisprudence concerning discrimination in South Africa towards the end of a long period of isolation from the international world. It witnesses the growing cognizance which was taken of international guidelines and their slow and gradual incorporation into our jurisprudence before the institution of the new democratic government, in the days when the country was still firmly in the grip of a regime which prided itself on its discriminatory laws. It also deals in some depth with the new laws enacted after the first democratic government was installed, especially in so far as the Constitution was concerned. The first clutch of cases dealing with discrimination which were delivered by the Constitutional Court and their effects on decisions of the labour courts thereafter, are dealt with in great detail, indicating how important those judgments were and still are ten years later. A special chapter is devoted to the Harksen case, still a leading authority on how to deal with allegations of unfair discrimination. Having traversed several of the judgments of the labour courts after Harksen, several observations are made in the conclusion of the study which, it is hoped, summarize the major areas of concern in respect of the task of testing claims of unfair discrimination arising in our Courts.
Books on the topic "Employment law – South Africa"
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Strydom, E. M. L., and Ockert Dupper. Essential employment discrimination law. Juta, 2004.
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Stelzner, Susan. Labour and employment compliance in South Africa. Wolters Kluwer Law & Business, 2013.
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Stelzner, Susan. Labour and employment compliance in South Africa. Kluwer Law International, 2015.
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Todd, Chris. Business transfers and employment rights in South Africa. LexisNexis Butterworths, 2004.
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Dupper, Ockert. Understanding the Employment Equity Act. Edited by Bhoola Urmila and Garbers Christoph. Juta Law, 2009.
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Theron, Jan. Globalization, the impact of trade liberalization, and labour law: The case of South Africa. International Institute for Labour Studies, 2007.
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Dupper, Ockert. Equality in the workplace: Refelections from South Africa and beyond. Juta & Co, Ltd., 2009.
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Equality in the workplace: Reflections from South Africa and beyond. Juta & Co, Ltd., 2009.
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Legal aspects of HIV/AIDS at the workplace in Botswana and South Africa. Pula Press, 2008.
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Africa, South. Basic Conditions of Employment Act 75 of 1997 & regulations. Juta Law in association with Workplace Solutions, 2010.
Find full textBook chapters on the topic "Employment law – South Africa"
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Corby, Susan, and Pete Burgess. "South Africa." In Adjudicating Employment Rights. Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137269201_10.
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Southall, Roger. "South Africa." In Comparative Employment Relations in the Global Economy. Routledge, 2020. http://dx.doi.org/10.4324/9781315544793-24.
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Kemp, Gerhard. "South Africa." In Homicide in Criminal Law. Routledge, 2018. http://dx.doi.org/10.4324/9781351016315-12.
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Knobel, Johann C. "South Africa." In Tort and Insurance Law. Springer Vienna, 2002. http://dx.doi.org/10.1007/978-3-7091-6120-3_21.
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Theron, Jan, and Ursula Titus. "South Africa." In International Handbook of Cooperative Law. Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-30129-2_32.
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Sundaram, Jae. "South Africa." In Pharmaceutical Patent Protection and World Trade Law. Routledge, 2018. http://dx.doi.org/10.4324/9781315267692-10.
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Collier, Debbie. "South Africa." In Ius Comparatum - Global Studies in Comparative Law. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-90068-1_24.
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Neethling, Johann. "Punitive Damages in South Africa." In Tort and Insurance Law. Springer Vienna, 2009. http://dx.doi.org/10.1007/978-3-211-92211-8_8.
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Strunz, Balthasar. "Competition Law in South Africa." In The Interface of Competition Law, Industrial Policy and Development Concerns. Springer Berlin Heidelberg, 2018. http://dx.doi.org/10.1007/978-3-662-57627-4_5.
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Lee, Yong-Shik. "Law and development in South Africa." In Law and Development. Routledge, 2018. http://dx.doi.org/10.4324/9781315150253-5.
Full textConference papers on the topic "Employment law – South Africa"
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Castillo, Juan-Camilo. "The Mexican Cartels' employment of Inform and Influence Activities (IIA) as tools of asymmetrical warfare." In 2014 Information Security for South Africa (ISSA). IEEE, 2014. http://dx.doi.org/10.1109/issa.2014.6950512.
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"Impact of the Expanded Public Works Programme on Employment Creation and Skills in a South African Metropole Municipality." In Nov. 18-19, 2019 Johannesburg (South Africa). Eminent Association of Pioneers, 2019. http://dx.doi.org/10.17758/eares8.eap1119432.
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Mostert, Sias, Mothibi Ramusi, Herman Steyn, and Martin Jacobs. "A National Pathfinder Satellite for South Africa." In 56th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. American Institute of Aeronautics and Astronautics, 2005. http://dx.doi.org/10.2514/6.iac-05-b5.1.03.
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Butgereit, Laurie. "Covid-19 New Cases Measurements and Benford's Law with Specific Focus on South Africa." In 2021 International Conference on Artificial Intelligence, Big Data, Computing and Data Communication Systems (icABCD). IEEE, 2021. http://dx.doi.org/10.1109/icabcd51485.2021.9519321.
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Meyer, Daniel Francois. "AN EMPIRICAL ANALYSIS OF THE IMPACT OF EMPLOYMENT, WAGES AND INFLATION ON CONSUMER SPENDING IN A DEVELOPING COUNTRY, SOUTH AFRICA." In 52nd International Academic Conference, Barcelona. International Institute of Social and Economic Sciences, 2019. http://dx.doi.org/10.20472/iac.2019.052.040.
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Onuoha, K. Mosto, and Chidozie I. Dim. "Prospects and Challenges of Developing Unconventional Petroleum Resources in the Anambra Inland Basin of Nigeria." In SPE/AAPG Africa Energy and Technology Conference. SPE, 2016. http://dx.doi.org/10.2118/afrc-2571791-ms.
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ABSTRACT The boom in the development of unconventional petroleum resources, particularly shale gas in the United States of America during the last decade has had far reaching implications for energy markets across the world and particularly for Nigeria, a country that traditionally has been Africa&rsquo;s leading crude oil producer and exporter. The Cretaceous Anambra Basin is currently the only inland basin in Nigeria where the existence of commercial quantities of oil and gas has been proven (outside the Tertiary Niger Delta Basin). The possibility of similarly finding commercially viable resources of unconventional petroleum resources in the basin appears quite attractive on the basis of the existence of seepages of shale oil and presence of coal-bed methane in some of the coal seams of the Mamu Formation (Lower Coal Measures) in the basin. This paper presents the results of our preliminary assessment of the shale oil and gas resources of the Anambra Basin. Our main objective is to locate the zones of very high quality plays within the basin, focusing on their depositional environments (whether marine or non-marine), areal extent of the target shale formations, gross shale intervals, total organic content, and thermal maturity. Data on the total organic content (TOC %, by weight) and thermal maturity of shales from different wells in the basin show that many of the shales have high TOCs (i.e greater than 2%) comparable to known shale gas and shale oil plays globally. Shale oil seepages are known to occur around Lokpanta in south-eastern Nigeria, but there is a general predominance of gas-prone facies in our inland basins indicating good prospects for finding unconventional petroleum in this and other Nigerian inland sedimentary basins. The main challenge to the exploration of unconventional resources in Nigeria today has to do with the absence of the enabling laws and regulatory framework governing their exploration and subsequent exploitation. The revised Petroleum Industry Bill (PIB) currently under consideration in the National Assembly is expected to introduce drastic and lasting changes in the way the petroleum industry business is conducted in the country, but all the provisions of the draft law pertain mainly to conventional oil and gas resources.
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Fosu, Agyei. "Technology versus Quality Education in an Underdeveloped Region: A Case Study of UNISA Students in Former Ciskei Homeland in Eastern Cape." In InSITE 2017: Informing Science + IT Education Conferences: Vietnam. Informing Science Institute, 2017. http://dx.doi.org/10.28945/3780.
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Aim/Purpose: This paper seeks to show how University of South Africa (UNISA) is using technology to connect lecturers, tutors and students of [UNISA] in an underdeveloped region in South Africa (SA) to reduce cost and time of travelling to access information, tutorials and help [available] in designated centers, hence making quality and higher education more accessible and less costly. Background: This empirical study gives evidence to back the effectiveness, helpfulness and cost reduction of using technology as a medium of making quality and higher education accessible to under developed regions. Methodology Quantitative and purposeful sampling was deemed appropriate for the study, whereby 200 questionnaires was developed and specifically distributed to UNISA students from former Ciskei towns at East London Tutorial Center. Contribution: The paper is about the usage of mobile technology for knowledge creation and dissemination, instruction and learning, The data generated and presented add to the knowledge base about underdeveloped countries. This data and the conclusions reached based the analysis could be of interest to researchers, university administrators, politicians, planners and policy makers in underdeveloped countries. Findings: Evaluation of the overall effectiveness, helpfulness and cost reduction of e-tutorials show a slight advantage over the face-face tutorials. Recommendations for Practitioners: In the quest for ways and means of making quality and higher education accessible to underdeveloped regions, no matter which medium is chosen, the periodic measurement of success in terms of effectiveness, helpfulness, and cost implication in relation to the learner cannot be over looked. Recommendation for Researchers: More work needs to be done to check the effectiveness of technology as an efficient medium to provide access to quality and higher education to underdeveloped regional economies. Impact on Society The results could have significant implications for raising the level of education and advancing employment equity by improving the delivery and accessibility to quality and higher education to underdeveloped regional economies. Future Research: The analysis of cost efficiency and effectiveness done in this work is just representative of one point of view: the student one of accessibility and cost. There is, however, need in future work to research the implications for the institutions of higher education (in terms teaching design, curriculum design, knowledge of individual learning types, need for change in and rate of change in knowledge view, learning philosophies), individual stakeholders, and the competitive repositioning of society.
Reports on the topic "Employment law – South Africa"
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Cachalia, Firoz, and Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa: Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.
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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.
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Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.
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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.
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Johnson, Eric M., Robert Urquhart, and Maggie O'Neil. The Importance of Geospatial Data to Labor Market Information. RTI Press, 2018. http://dx.doi.org/10.3768/rtipress.2018.pb.0017.1806.
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School-to-work transition data are an important component of labor market information systems (LMIS). Policy makers, researchers, and education providers benefit from knowing how long it takes work-seekers to find employment, how and where they search for employment, the quality of employment obtained, and how steady it is over time. In less-developed countries, these data are poorly collected, or not collected at all, a situation the International Labour Organization and other donors have attempted to change. However, LMIS reform efforts typically miss a critical part of the picture—the geospatial aspects of these transitions. Few LMIS systems fully consider or integrate geospatial school-to-work transition information, ignoring data critical to understanding and supporting successful and sustainable employment: employer locations; transportation infrastructure; commute time, distance, and cost; location of employment services; and other geographic barriers to employment. We provide recently collected geospatial school-to-work transition data from South Africa and Kenya to demonstrate the importance of these data and their implications for labor market and urban development policy.
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CONSENSUS STUDY ON THE STATE OF THE HUMANITIES IN SOUTH AFRICA: STATUS, PROSPECTS AND STRATEGIES. Academy of Science of South Africa, 2011. http://dx.doi.org/10.17159/assaf.2016/0025.
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The purpose of this study was to provide evidence-based advice on the status and future role of the Humanities in South Africa to government and other stakeholders (such as science councils, the department of education, universities) as a contribution towards improving the human condition. Everywhere, the Humanities is judged by many to be in “crisis.” The reasons for this, in South Africa, include the governmental emphasis on science and technology; the political emphasis on the economically-grounded idea of “developmentalism;” the shift of values among youth (and their parents) towards practical employment and financial gain; and the argument that the challenges faced by our society are so urgent and immediate that the reflective and critical modes of thinking favoured in the Humanities seem to be unaffordable luxuries. The Report provides invaluable detail about the challenges and opportunities associated with tapping the many pools of excellence that exist in the country. It should be used as a guideline for policymakers to do something concrete to improve the circumstances faced by the Humanities, not only in South Africa but also around the world. Amongst other recommendations, the Report calls for the establishment of a Council for the Humanities to advise government on how to improve the status and standing of the Humanities in South Africa. It also calls for initiation, through the leadership of the Department of Basic Education, considered measures to boost knowledge of and positive choices for the Humanities throughout the twelve years of schooling, including progressive ways of privileging the Arts, History and Languages in the school curriculum through Grade 12.
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Social, Psychological and Health Impact of Coronavirus Disease (COVID-19) on the Elderly: South African and Italian Perspectives. Academy of Science of South Africa (ASSAf), 2021. http://dx.doi.org/10.17159/assaf.2021/0069.
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The Panel discussion titled “The Presidential Employment Stimulus: Research Opportunities”, was hosted on 10 December 2020 by the Department of Science and Innovation (DSI) and the Academy of Science of South Africa (ASSAf) at the Science Forum South Africa (SFSA) 2020. The Presidential Employment Stimulus was launched in parliament on 15 October as part of government’s Economic Recovery Strategy. It directly funds 800,000 employment opportunities that are being implemented within the current financial year, but it is anticipated that it will also become a medium-term programme. The stimulus includes public employment programmes, job retention programmes and direct support to livelihoods. The single largest programme is run by the Department of Basic Education, which, in the last fortnight, recruited 300,000 young people as school assistants, to assist schools to deal with the setbacks faced as a result of the pandemic. The stimulus supports employment in the environmental sector and over 75,000 subsistence producers are receiving production grants through an input voucher scheme. There is a once-off grant to assist over 100,000 registered and unregistered Early Childhood Development Practitioners back on their feet, as well as a significant stimulus to the creative sector. The session set out to provide an introduction to the Presidential Employment Stimulus Programme (PESP), a key programme within government’s economic recovery plan led by Dr Kate Philip. The key objective was to get input from the research community on how the work that they are already doing and future work could contribute to the M&E efforts and be augmented in such a way that the PESP could become a medium-term programme. The DSI plans to hold further engagements in 2021 to mobilise the wider research community to provide evidence-based research in order to shape the research agenda that would support the M&E work and identify short-term issues that need to be factored into the department’s work plans, under the guidance of Dr Philip.