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Dissertations / Theses on the topic 'Employment law'
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Davidson, Fraser Paul. "Judicial attitudes in employment law." Thesis, University of Dundee, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.244548.
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Bennett, Michael. "Security in employment." Thesis, University of Southampton, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.316078.
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Deakin, Simon Francis. "Contract, labour law and the developing employment relationship." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.291753.
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Morriss, Andrew Pettit. "The law and economics of employment at will." Thesis, Massachusetts Institute of Technology, 1994. http://hdl.handle.net/1721.1/11926.
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Ball, Sally. "European Community vocational training law and policy." Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365605.
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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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Loots, Barbara Evelyn. "Public employment and the relationship between labour and administrative law." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6683.
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Thesis (LLD)--University of Stellenbosch, 2011.ENGLISH ABSTRACT: The focus of this study is the rights-based normative overlap of labour and administrative law in public employment. As the judiciary appeared to be unable to agree on a unified approach to the application of the rights to fair labour practices and just administrative action to public employment, it was clear that the complexity and multi-dimensional character of the debate required analysis of existing approaches to the regulation of the public employment relationship. The following initial research question was formulated: To what extent does (and should) the constitutionalised rights to fair labour practices (s 23) and just administrative action (s 33) simultaneously find application in the regulation of public employment relationships? In answering this question, certain realities had to be acknowledged, the most important being that the debate in question jurisprudentially revealed itself to be a jurisdictional turf-war between the Labour and High Courts, rather than proper consideration of the relevant substantive arguments and underlying normative considerations. This called for an additional dimension to be added to the research question, namely consideration of the extent to which the ss 23 and 33 rights are informed by variable and possibly different normative principles and whether these rights allow for cooperative regulation of public employment in accordance with the doctrine of interdependent fundamental rights. This became the primary focus of the study. In an attempt to simplify the debate, a deliberate decision was taken to limit the scope of the normative study to South Africa with its own historic influences, structures and constitutional considerations. The study shows that both labour and administrative law (as constitutionally informed) share concern for equity-based principles. This is evident from the flexible contextually informed perspectives of administrative law reasonableness in relation to labour law substantive fairness, as well as a shared concern for and approach to procedural fairness. Once simplified, and in the absence of any undue positive law complexity, the public employment relationship, at both a normative and theoretical level, furthermore shows no substantive status difference with private employment relationships. It is, however, accepted that there are job and sector-specific contextual differences. In the absence of substantive normative conflict between these branches of law and in the absence of a fundamental (as opposed to contextual) difference between public and private employment, there appears to be no reason to ignore the constitutional jurisprudential calls for hybridity, otherwise termed the doctrine of interdependence. The idea of normatively interdependent rights expresses the Constitution’s transformative vision (through the idea of flexible conceptual contextualism) and recognises that human rights may overlap. This also means that where such overlap exists, rights should be interpreted and applied in a mutually supportive and cooperative manner that allows for the full protection and promotion of those rights. In giving expression to the interdependent normative framework of constitutional rights, these norms (absent any substantive rights-based conflict) should then be used by the judiciary as an interpretative tool to align specific labour law and general administrative law in the regulation of public employment relationships.
AFRIKAANSE OPSOMMING: Die fokus van hierdie studie is die regsgebaseerde normatiewe oorvleueling van arbeids- en administratiefreg in die openbare diensverhouding. Aangesien dit blyk dat die regsbank nie kon saamstem oor ‘n eenvormige benadering tot die toepassing van die regte op billike arbeidspraktyke en regverdige administratiewe optrede op die openbare diensverhouding nie, het die kompleksiteit en multi-dimensionele karakter van die debat dit genoodsaak om bestaande benaderings tot die regulering van die openbare diensverhouding te analiseer. In die lig hiervan is die volgende aanvanklike navorsingsvraag geformuleer: Tot watter mate vind die grondwetlik neergelegde regte tot billike arbeidspraktyke (a 23) en regmatige administratiewe optrede (a 33) gelykmatig toepassing in die regulering van die openbare diensverhouding en tot watter mate hoort die regte gelykmatig toepassing te vind? In antwoord op die vraag is sekere realiteite geïdentifiseer, waarvan die belangrikste is dat die debat in die regspraak grootliks neergekom het op ‘n jurisdiksionele magstryd tussen die Arbeids- en Hooggeregshowe, eerder as werklike oorweging van die relevante substantiewe argumente en onderliggende normatiewe oorwegings. Dit het die byvoeging van ’n verdere dimensie tot die navorsingsvraag genoodsaak, naamlik oorweging van die mate waartoe die aa 23 en 33 regte deur buigsame en moontlik verskillende normatiewe beginsels beïnvloed word, en ook of hierdie regte ruimte laat vir mederegulering van die openbare diensverhouding in terme van die leerstuk van interafhanklikheid van fundamentele regte? Laasgenoemde het die primêre fokus van die studie geword. In ‘n poging om die debat te vereenvoudig, is doelbewus besluit om die strekking van die normatiewe studie te beperk tot Suid-Afrika, met eiesoortige historiese invloede, strukture en grondwetlike oorwegings. Soos die normatiewe studie ontvou het, wys die studie dat beide arbeids- en administratiefreg (soos grondwetlik beïnvloed) ‘n gemeenskaplike belang in billikheids-gebaseerde beginsels openbaar. Daar is ‘n versoenbaarheid tussen die kontekstueel beïnvloedbare en buigsame redelikheidsperspetief van die administratiefreg, soos gesien in vergelyking met substantiewe billikheid in die arbeidsreg. Voorts heg beide die arbeids- en administratiefreg ‘n gemeenskaplike waarde aan, en volg beide ‘n gemeenskaplike benadering tot, prosedurele billikheid. Terselfdertyd, en in die afwesigheid van onnodige positiefregtelike kompleksiteit, blyk daar op beide ‘n normatiewe en teoretiese vlak geen substantiewe verskil in status tussen die openbare diensverhouding en die privaat diensverhouding te wees nie. Dit word egter aanvaar dat daar wel werk- en sektor-spesifieke kontekstuele verskille bestaan. In die afwesigheid van substantiewe normatiewe konflik tussen die twee vertakkinge van die reg en in die afwesigheid van ‘n fundamentele (in vergelyking met kontekstuele) verskil tussen diensverhoudings in die openbare en privaatsektore, blyk daar geen rede te wees om die grondwetlike jurisprudensiële vereiste van hibriditeit, ook genoem die leerstuk van die interafhanklikheid van grondwetlike regte, te ignoreer nie. Die idee van normatiewe interafhanklike regte gee uitdrukking aan die Grondwet se visie van transformasie (via die idee van buigsame konsepsuele kontekstualisme) en erken dat menseregte soms oorvleuel. Dit beteken ook dat waar so ‘n oorvleueling bestaan, regte ïnterpreteer en toegepas moet word in ‘n wedersyds ondersteunende en samewerkende wyse wat voorsiening maak vir die volle beskerming en bevordering van daardie regte. Erkenning van die interafhanklike normatiewe raamwerk van grondwetlike regte hoort daartoe te lei dat die regsbank daardie norme (in die afwesigheid van regsgebaseerde konflik) as interpretasie-hulpmiddel gebruik om die spesifieke arbeidsreg met die algemene administratiefreg te versoen in die regulering van die openbare diensverhouding.
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Grušić, Uglješa. "The international employment contract : ideal, reality and regulatory function of European private international law of employment." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/583/.
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Private international law has traditionally been perceived as a field of law concerned with resolving individual private disputes and achieving private justice and fairness in individual cases. This dissertation challenges this view by examining the systemic function of European private international law of employment, one of allocating and protecting regulatory (i.e. legislative and adjudicatory) authority of states in the field of labour law, thus maintaining and managing the diversity of European national labour law systems and safeguarding the objectives of uniform and harmonised EU employment legislation. This dissertation also explores the changes that the ‘Europeanization’ of private international law of employment has brought about in the traditional rules and perception in this field of law in England. In addition to introducing special rules of jurisdiction in employment matters that had not existed before, the European private international law instruments have largely merged the traditionally perceived contractual, statutory and tortious claims into one type of claim for choice-of-law purposes, thereby also abolishing concurrent causes of action. The conceptualisation of this field of law in terms of its regulatory function reveals something about the nature of private international law as a whole. The fact that European private international law of employment performs a regulatory function is a piece of evidence for the proposition that the division between the ‘private’ and the ‘public’, traditionally perceived as embedded in the foundations of the discipline and even expressed in its very name, has faded away.
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Chabursky, Lubomyr. "A critical examination of the Employment Equity Act /." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60698.
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The Employment Equity Act obliges employers to undertake affirmative action to combat employment discrimination. On October 31st, 1991, a Parliamentary Committee was appointed to review the EEA and make recommendations for its improvement. This thesis assesses the EEA within the historical context of discrimination remedies. The thesis argues that the solution to systemic discrimination in employment cannot consist merely of measures that increase the representation of minorities in the workplace. Rather, the solution must also include measures designed to change traditional attitudes and stereotypes about the employment of minority groups, whether these attitudes take the from of prejudice, paternalism, or inhibitions. A change in attitudes among employers will also help to eliminate apparently neutral employment policies and practices that nevertheless have an adverse effect on the opportunities of women and minorities. The EEA incorporates aspects of all three strategies in a hands-off approach that invites employers to become equal partners in the quest to overcome discrimination in the work place.
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Ball, Yvonne. "Privacy rights in employment." Thesis, University of Central Lancashire, 2008. http://clok.uclan.ac.uk/21606/.
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This thesis undertakes to research the development of domestic legal protection for privacy rights within employment. Unusually for a current work, it does this by returning to the genesis of the protections. The work challenges pervasive arguments that the notion of confidence did not protect privacy and exceptionally argues that the earliest incarnation of the notion of confidence was well equipped to protect private and personal information against disclosure. The thesis puts forward the novel view that the problems that have arisen in providing domestic protection for such information, in the absence of a right to privacy, are the result of an unfortunate narrowing of the original notion. This position is underpinned by the contention that a number of cases misinterpreted the nature of the original tort and did not fully recognise the requirement to provide protection against the acquisition of personal information. The historical analysis contributes to current knowledge by providing an alternative interpretation of the historical legal framework. This analysis provides an unorthodox assessment of the opportunities provided to the courts by the notion of confidence, to enhance both the theory and practical impact of the protection of privacy rights within employment Furthermore the thesis evaluates a broad range of case law from the European Court of Human Rights. These include general privacy cases, those involving wrongdoers as well as general employment cases. These cases are used to identify any consistent themes or conflicts in the application of the right to privacy. The evaluation produces a highly developed analysis and uncovers the latent significance of employment policies in both the protection of and the intrusion into, an employee's privacy. Most notably and distinctively the thesis identifies the important role that a well-crafted policy can have in augmenting an insubstantial legislative framework, provided that some legal basis provides the foundation for the policy. This evaluation also exposes the implications of any policy, which provides the basis for an interference with an employee's privacy and unconventionally highlights that the mere existence of such a policy can of itself amount to an intrusion, whether or not it is put into practice. Moreover, the thesis considers whether the incorporation of the right to privacy into domestic law has any impact upon private sector employers and employees. It heightens knowledge of the positive obligations placed upon the state and the courts to protect the right to privacy of all individuals against intrusions by the state and significantly against intrusions by other individuals or private sector organisations. The thesis therefore provides a valuable addition to current understanding of the interventionist and rigorous protections for privacy rights within employment, provided by the Strasbourg Court. This in turn provides the foundation for the unique evaluation of how effectively the right to privacy is incorporated into current domestic law. The thesis has taken the valuable opportunity provided by the tenth anniversary of the publication of the Human Rights Act 1998 to consider its impact upon privacy rights within employment. It takes advantage of the occasion to re-evaluate the categories of confidence and privacy and to analyse the principles underpinning the notions within domestic courts. The work exceptionally compares the development of domestic employment law with the development of general civil and criminal cases. This is an effective structure, which facilitates the development of arguments outlining how privacy rights within employment can be more effectively recognised and protected. The thesis does not shirk the challenges posed by the complex and difficult piece of legislation known as the Regulation of Investigatory Powers Act 2000, a particularly puzzling statute'. 1 It singularly and painstakingly reviews its provisions and questions whether accepted interpretations are correct or workable. The work offers an independent analysis of the rationale and application of its terms and brings to light the finding that despite its name Part II of the Act does not provide any powers and does not regulate the use of any existing powers but merely provides a framework, by which, intrusions may be undertaken by public authorities 'in accordance with the law' where there is no other statutory basis for the interference. The thesis makes an interesting case that other than where it creates criminal offences and civil liabilities for the interception of communications2, it has little if any effect upon the monitoring of employees, whether in the public or private sectors. The thesis also evaluates the Data Protection Act 1998 and The Employment Practices Code. It originally asserts that the Act and the Code provide the statutory basis for employers to intrude into the private lives of employees and prospective employees 'in accordance with the law' where it is necessary and proportionate to so; providing the employer has established and published policies that make the intrusion foreseeable in the circumstances. The fact that these arguments need to be evaluated and explained, naturally leads to the explicit conclusion that the incorporation of the rights protected by Article 8 in the statutory framework have failed to supply the necessary clarity to provide forseeability or to give, strengthen or explicitly restrict privacy rights within employment. Additionally, the creative comparison with the general privacy and criminal cases brings to light the evident disparity in the development of the case law in these areas compared with the development within employment cases. The thesis sets out the &adual but definite maturing of the protection noticeable in general privacy and criminal cases, particularly in v W [2003] EWCA Crim 1632 p. 98 2 Which themselves are modified by the Telecommunication (Lawful Business Practice) (Interception of Communications) Regulations, 2000 L1 relation to wrongdoing and rehabilitation, arguing that this has yet to filter into the employment cases. This leads to proposals for reform to remove the evident confusion for employers, employees, legal advisors, those providing oversight and commentators. The proposals encourage the judiciary to embrace the challenges and possibilities provided by the Human Rights Act 1998 to provide appropriate protections for privacy rights within employment. The thesis provides a platform for further research within this area and makes recommendations as to how the findings could be developed by both empirical research or by further comparative studies. The unusual approach to the research, the original nature of the findings and proposals for reform provide a valuable contribution to knowledge of the domestic legal framework, both statutory and common law suggesting both how it may be more effectively applied and how it could profitably be developed and clarified for both employers and employees. The thesis has thereby moved the debate to a different theoretical place from the established view of the ability of domestic law to effectively protect privacy rights within employment.
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Clarke, Paul Terence. "Free speech and Canada's public school teachers, an employment law and constitutional law analysis." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq24068.pdf.
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Islam, Farmin. "Law as a site of resistance : recourse to the law by 'garments women' in Bangladesh." Thesis, University of East London, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267035.
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Traditionally Bangladeshi women were not expected to work outside their homes, except in cases of dire necessity. The post independence period, since 1971, saw some major demographic changes, including the greater participation of women in various types of waged work. However, a more recent stage in this development has led to large numbers of women being drawn into the garments industry over the last decade. , In many ways the advent of the 'garments women represents a change in the traditional image of the Bangladeshi women. This thesis explores legal and social aspects of the lives of women in the garments industry in Bangladesh. A central theme is the possibilities for the use of law by women workers in the garments industry to protect their own interests. The legal research, therefore, examines the relevant law pertaining to industrial workers and their working conditions, and empirically investigates its application with respect to garments workers. The ideology relating to women in Bangladesh represented them as mute and . helpless victims. As a consequence it has been assumed that the legal system is beyond their reach. However, this investigation was predicated upon the idea of women's own agency. It is argued that, despite the constraints faced by women in every facet of their lives, they are able to act in their own interest and assert their rights on the basis of their own notions of fairness and justice. It was necessary, therefore, to listen to women's voices and acknowledge their own articulation of rights and resistance to masculine hegemony, both at work and in their homes. This was made possible by in-depth interviewing of garments workers. A decentred view of law helped to evaluate the ways in which women perceive their problems at work and make claims to fair treatment. The findings of the study led to a subversion of the myth of helpless Bangladeshi women, by presenting the diverse ways in which women in the garments industry resist socio-economic pressures. Data from in-depth interviews with women workers, lawyers, factory inspectors and legal claimants, and a quantitative analysis of Labour Court records, were all mutually reinforcing. They confirmed that women workers in the garments industry are using the law to resist workplace oppression. At the same time the particular litigation process pursued by the lawyers is unconventional in that it is used as a pressure mechanism against erring employers. The majority of the cases are settled outside the courtroom so that the women workers avoid the potential problems of a contested hearing. The lawyers apply their creativity in order to achieve maximum benefits for the workers. Some women, however, prefer to use the court as a platform to confront their employers. It is argued that .women are benefiting from these legal strategies both - materially and in other ways, not least in terms of enhanced self-esteem. These findings, which are contrary to the prevailing orthodoxy, open up the study of women workers and law in Bangladesh. Finally, the thesis suggests a number of seemingly small legal and administrative reforms which could improve the lives of women workers in the garments industry.
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Mitchell, Alma Martha. "Non-standard employment in South Africa: how have we adapted in the past five years post amendments related to non-standard employment?" Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32804.
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Non-Standard employment in South Africa: How have we adapted in the past five years post the amendments related to non-standard employment? Chapter 1 This chapter introduces the research question. Chapter 2 Focus on legislative history pertaining to non-standard employment. Chapter 3 Review four cases prior to the recent amendments with regard to the protection of non-standard employees. 3.1 Assist Bakery 115 CC v Ngwenya N.O. and Others. 3.2 Enforce Security Group v Mwelase and Others. 3.3 Piet Wes Civils CC and Another v Association of Mineworkers and Construction (AMCU) and Others. 3.4 Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others. Chapter 4 Conclusion in response to the research question.
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Louw, Niko. "The use of polygraphs in employment law / by Niko Louw." Thesis, North-West University, 2003. http://hdl.handle.net/10394/178.
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Daar word daagliks probleme ondervind met oneerlikheid binne die
werksplek. Werkgewers gebruik toenemend poligraaftoetse om vas te
stel of werknemers oneerlik was rakende 'n spesifieke voorval of om
voornemende werknemers te toets ten einde te bepaal of die persoon 'n
eerlike geaardheid het al dan nie.
Die doel van die skripsie is om 'n kritiese oorsig te gee van die
wetenskaplike basis waarop poligraaftoetse gebaseer word, met
spesifieke verwysing na die geldigheid, betroubaarheid en status van die
toets. Die gebruik van poligraaftoetse binne die werksplek word
geanaliseer met verwysing na relevante literatuur en wetgewing,
waaronder die Grondwet asook tersaaklike hofuitsprake.
Poligraaftoetse is ook bekend as die psigofisiologiese vasstelling van
oneerlikheid. Psigofisiologie word gedefinieer as die studie van die
verband tussen fisiologiese en psigologiese prosesse. Verskeie tegnieke
bestaan, waarvan die belangrikste die sogenaamde Kontrolevraagtoets
is. Hierdie toets meet die toetspersoon se verskillende fisiologiese
reaksies op kontrole- en relevante vrae en het as uitgangspunt dat 'n
persoon wat onskuldig is aan 'n sekere voorval groter fisiologiese
reaksie sal toon op die kontrolevrae as op die relevante vrae, en
omgekeerd.
Die meeste poligraaftoetse het dit gemeen dat ten minste drie
fisiologiese reaksies gemeet word, te wete polsslag, asemhaling en
elektrodermiese reaksies. Daar is in wese twee denkrigtings rakende die
akkuraatheid van poligraaftoetse, die wat betoog dat die toetse akkuraat
is en gebruik kan word ten einde vas te stel of 'n persoon oneerlik is en
die wat betoog dat dit onakkuraat is en nie gebruik behoort te word nie.
Uit 'n studie van die relevante literatuur rakende die geldigheid en
betroubaarheid van die poligraaftoetse blyk dit dat verskeie faktore 'n
negatiewe invloed daarop het en dat die toets nie toets wat dit voorgee
om te toets nie. Daar is ook bevind dat poligraaftoetse nie voldoen aan
die vereistes wat deur huidige wetgewing gestel word nie.
Die gebruik van poligraaftoetse maak moontlik inbreuk op individue se
grondwetlike regte, soos privaatheid en billike arbeidspraktyke.
Probleme rakende die bewysregtelike toelaatbaarheid van
poligraaftoetse bestaan.
Daar word aanbeveel dat die gebruik van poligraaftoetse binne die
werkplek nie toegelaat behoort te word tensy dit wetenskaplik behoorlik
gefundeer is nie en dat daar aandag gegee behoort te word aan beter
regulasie rakende die gebruik van die toetse.Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2004.
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Fields-Williams, Tiffany A. "An Examination of Racial Disparities in Ohio Law Enforcement Employment." Youngstown State University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1607523250084136.
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Rivlin, Jennifer N. "Conflict management climate related to employment litigation." Diss., Georgia Institute of Technology, 2001. http://hdl.handle.net/1853/29532.
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Oosthuizen, Tania. "Discrimination based on age in labour law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19484.
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This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.
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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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Adonis, Tanya. "The employment recruitment and promotion process: legal regulation and practice." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16492.
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Includes bibliographical referencesRecruitment is an integral part of any organization. It forms the foundation upon which every other practice is built. It is a process which is often regarded lightly and not given the due consideration it deserves. It is therefore pertinent to have a recruitment process in place which ensures legal compliance, as well as the longevity of the business. The concept of legal compliance in the employment recruitment and promotion process has proved at best inconspicuous. The process has allowed for much legal debate, which spans from the CCMA all the way through to the Constitutional Court. The process has also allowed for much jurisprudence to be developed regarding the implementation and application of the statutes governing it. This dissertation will focus on the limitations placed on management prerogative by labour law the procedural and substantive fairness requirements. It will do so by exploring case law, risk management measures and what is required to ensure a contract of employment is legal and binding on both parties. It is important to read this dissertation in the light of how labour law overlaps with and impacts on management prerogative. This view is necessary to understand how the push - pull dynamic between these two factors in recruitment and promotion have molded the process to encompass issues that substantively outweigh their procedural counterparts and vice versa. It is necessary in this dissertation to expound on the fundamental law governing the recruitment and promotion process and will explore concepts of management prerogative, amongst others. The objective of this dissertation is to investigate the ambiguities imposed by procedural and substantive fairness and will venture into risk management measures and contractual obligation s as a failsafe for employers to demystify the process.
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Henningsson, Dan. "Det individuella anställningsavtalet : Gränser för anställningsformens innehåll." Thesis, Karlstad University, Karlstad University, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-5834.
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The foundations of the Swedish labour market have shifted due to a number of new circumstances affecting its framework. Employment is no longer a right taken for granted but rather something one should work hard to achieve. Given the new conditions, employers are not only trying to ensure their own businesses survival but also uphold the structures of our society. Competition between enterprises forces management to forge new boundaries to maintain profitability.Concerns have arisen whether or not these so called management strategies are within the limitations of the law. As a result and as a response to the design of the labour laws creativity is peaking to overrun the statutory regulations. This thesis sole ambition is to grasp to what extent the employers can enhance and change terms of employment without breaking the law.Employment agreements concerning temporary employment are at large especially focused upon.
A strict jurisprudential method has been applied throughout the entire thesis to ensure the reliability of the results. The diversity of sources has been analyzed to assure the overall quality. The legal system at large represents important foundations as well as the historical perspectives. To capture the future foundations and limitations of our labour laws consideration should be acknowledged in comparison to our society’s ever changing demands.The laws and regulations concerning employment agreements can be extensively adjusted without influencing the employees’ rights. That enhances the employers’ power to manage the business in accordance to the shifting market conditions. Some consideration should, in the context, be acknowledged. If the laws are stretched to far the employment agreement will be declared invalid by court along with claims for financial retribution.
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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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Steiner, Jochen. "Mediation of employment disputes : a legal assessment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0027/MQ50965.pdf.
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Roberts, Joshua D. "Errora-voidance theory: sniper employment for military and civilian law enforcement." Thesis, Monterey, California: Naval Postgraduate School, 2013. http://hdl.handle.net/10945/39001.
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Approved for public release; distribution is unlimited.Sniper operations are high risk, high reward missions with unique traits and distinctive capabilities often resulting in great success or punishing failure. Within nearly all conceptions of sniper operations there is a perceived difference between civilian and military sniper engagements. This thesis presents an error-avoidance theory for guiding successful sniper operations across both domains. Inside sniper operations there are two critical errors that need to be avoided. These errors are defined as Type 1 and Type 2 errors. Type 1 errors are those that result in the death of an innocent individual. Type 2 errors occur when the targeted individual escapes the situation and the mission objective is not met, and thus the threat or potential threat remains active. Naturally, the goal is to avoid both errors. However, the rules of engagement established for any mission must, by necessity, privilege the avoidance of one error type over the other. The evaluation of three critical variablesoperational environment, political and social context, and the stakes or risk in the situationshould prioritize which error to avoid. This thesis thereby establishes a theoretical framework that can be universally employed to establish rules of engagement by all those who use the sniper tactic, for both civilian and military operations.
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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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Ndungu, Martha Wanjiru. "Employee rights over inventions and innovations in employment in Kenya." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20817.
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We live in an economy where intangible assets have become valuable commodities. These intangible assets are created by individuals, or groups who apply their creativity and ingenuity appropriately. The result of such ingenuity and creativity is product that is deemed to be so important that it qualifies for legal protection. Such assets will benefit any individual, business, company or enterprise that has the ownership right or title and the ability to commercially exploit the asset. Therefore, there is an interest in the ownership and control of the assets as well as the manner in which legal entitlement is devised by the law. Where, the asset is an invention that is patentable the law has granted the employer ownership. This thesis considers how the law balances the right it gives to the employer and the compensation it grants the inventive employee. The thesis seeks to ensure that an employee-inventor has been adequately compensated for his ingenuity and for producing the fruits of his creativity.
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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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Mnguni, Sihle. "The application of section 17 of the Employment of Educators' Act." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11865.
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The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importance of the rule that has been breached to the employer; the basis of the employee’s challenge to the dismissal; the harm caused by the employee’s conduct; the effect of dismissal on the employee and the length of service. The treatise argues that in its current form section 17 of The Employment of Educators’ Act does not cater for the consideration of these circumstances set by the Constitutional Court. The study will also discuss the applicable dismissal legislation in education. The Constitution of the Republic of South Africa guarantees everyone a right to fair labour practices.3 This right is further qualified by the Labour Relations Act4 in section 185. The Labour Relations Act also has in it Schedule 8 which is a Code of Good Practice: Dismissal. The Code endorses the concept of corrective or progressive discipline5 and the need to give due consideration to certain circumstances before dismissing an employee.6 The consideration of the circumstances listed by the Constitutional Court in Sidumo v Rustenburg Platinum Mines7 and the provisions of items 3(2) and 3(6) cannot be said to be well catered for under section 17 of the Employment of Educators’ Act because of the use of the term “must”. For the principle of fair labour practices to be fully accommodated under section 17 of the Employment of Educators’ Act a need to amend it is necessary. This treatise will introduce amendments that will provide for pre-dismissal arbitration as a possible approach to ensuring full compliance for fairness in dismissals that are as a result of transgressing any of the misconduct cases listed in section 17. Other amendments suggested are aimed at realigning section 17 to other child specific legislation like the Children’s Amendment Act8 and the Sexual Offences and Related Matters Amendment 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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Di, Torella Eugina Caracciolo. "A "family principle" in EC employment law : lessons from the Scandinavian model." Thesis, Durham University, 2000. http://etheses.dur.ac.uk/4483/.
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Piraino, Peter Thomas. "Pre-employment Polygraphs and Ohio Law Enforcement Officers' Perceptions of Police Misconduct." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4246.
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Despite convincing evidence of the polygraph instrument's lack of scientific validity and reliability in assessing deceptiveness in individuals, public-sector organizations in the United States continue to use the polygraph examination as a pre-employment screening tool. In addition to its lack of acceptance in the scientific community, little is known about the effectiveness of polygraph examinations, given as part of pre-employment screening, in predicting future misconduct in law enforcement officers. Two theoretical frameworks, Baumgartner and Jones' punctuated equilibrium model of policy change and Alvesson and Spicer's theory of functional stupidity, provided the theoretical foundation for this study. The purpose of this correlational study was to investigate the relationship between use of the pre-employment polygraph and officers' perceptions of police misconduct, which is a suspected precursor to actual future misconduct. Survey data were acquired through a convenience sample of 190 Ohio police officers. Data were analyzed using logistic regression. Findings revealed no statistically significant relationship between the pre-employment polygraph examination and officers' perceptions of police misconduct. The findings of this study begin to erode conventional thought that there are only positive aspects of the pre-employment polygraph. Law enforcement leaders and public policy makers such as police chiefs, county sheriffs, and local government administrators may benefit from this study. As a potential for positive social change, this study provides public policy makers with empirical data, as opposed to reliance on conventional wisdom and anecdotal evidence, for informed decision making about use of the pre-employment polygraph in public-sector hiring.
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Ezenwa, Anne Marie. "Ecclesial and Nigerian legal perspectives on employment of workers, application of Canon 1286, 1°." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ48201.pdf.
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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.
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Mgweba, Asiphe. "A revised role of good faith in the law of contract and employment contracts." University of the Western Cape, 2019. http://hdl.handle.net/11394/7033.
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Magister Legum - LLMGood faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has and continues to acquire a meaning wider than mere honesty or the absence of subjective bad faith. It is an objective concept that includes other abstract values such as justice, reasonableness, fairness and equity. There is competition between the two underlying values or cornerstones of the law of contract, namely that of sanctity of contract (pacta sunt servanda) and fairness.
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Le, Roux Rochelle. "The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers." Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4651.
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Includes abstract.Includes bibliographical references (leaves 258-302).
The focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to models that are consistent with the South African Constitution. Using a comparative approach it is shown that the contract of employment in South Africa is in a relative state of unification. However, some assumptions about its historical evolution and the influence of Roman and Roman-Dutch law are overstated, and more recent developments, such as tax legislation, arguably had a greater influence on the dichotomising of labour law. The study of the South African world of work illustrates that modern work is performed in diverse ways. After illustrating that labour law has both countervailing and social developmental roles, it is concluded that the contract of employment as traditionally understood is no longer capable of performing these roles. It is further claimed that a process of diversification (as opposed to the unification of the contract of employment) will help to redefine the contract of employment and this may extend the coverage of labour legislation to those who, bearing in mind the purpose of labour law, ought to be protected by labour laws. Finally, it is argued that the South African Constitution provides a ready paradigm within which to achieve such a process of diversification which would ultimately lead to an extension of the coverage of labour laws.
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Al, Shaibani Salha. "The changing nature of employment relationships and its challenge for health and safety law." Thesis, University of South Wales, 2012. https://pure.southwales.ac.uk/en/studentthesis/the-changing-nature-of-employment-relationships-and-its-challenge-for-health-and-safety-law(96bce387-40b5-44f7-a7b9-bf8d387cbff0).html.
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The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they might affect the application of health and safety law. Key case-law is examined and the legal changes in the area of health and safety carefully analysed. Research has been carried out by others concerning the reasons for and extent of the changing nature of work as an indicator of the changes that took place in the labour market in general; but the research in this thesis concentrates on how the application of health and safety law is challenged by such changes. The central hypothesis of the thesis is that non-standard work by its very nature might put those who are employed under its various types at more risk than their counterpart standard workers. This hypothesis is developed and explored through the field-work. The field-work took the form of a postal questionnaire to workers in the UK in geographical areas selected for their differing characteristics together with some semi structured interviews which sought to introduce a qualitative data element to the quantitative data in order to enrich and elaborate upon the findings of the questionnaire. Analysis of the completed and returned questionnaires revealed that in today's workplace the nature of risk has changed, with an increase in the psychological risk related to work. Both groups of standard and nonstandard workers suffered from stress-related illness. This illustrates the complexity of the concept of vulnerability and how that might challenge the application of health and safety law and affect its efficacy. A number of unexpected issues surfaced through the field-work, such as that working in the different types of non-standard work were effectively involuntary for some of those who chose to work this way. The main reason for their decisions was to be able to provide for the family income as well as to have more control over work and the ability to combine work with other responsibilities including domestic duties. Despite the relatively low number of non-standard workers who participated in the postal questionnaire, it seems that they are in a better position than was hypothesized at the outset, before the field-work took place. Analysis of the semi-structured interviews revealed that interviewees had considerable knowledge and awareness about their employer's general duties in terms of risk assessment and safety training in addition to other significant aspects. This applies to both standard and non-standard workers, which indicates the important improvement in the management of occupational health and safety. However, a serious issue was common to most of those who suffered accident and/or ill-health from both groups of standard of non-standard workers: not reporting their experiences to their employers. In addition, many of those workers did not seek legal advice following their accident and/or ill-health because of fear and uncertainty about their employers' reaction. The thesis concludes with some reflections on the effectiveness or otherwise of health and safety legislation.
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Cholewinski, Ryszard. "Migrant workers in international human rights law : their protection in countries of employment /." Oxford : Clarendon Press, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/279985177.pdf.
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Roseberry, Lynn M. "The limits of employment discrimination law in the United States and European Community /." Copenhagen : DJØF Publ, 1999. http://www.gbv.de/dms/spk/sbb/recht/toc/320896250.pdf.
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Boccaccio, Flaminia <1997>. "Equal Employment Opportunity Law e la Donna in Carriera Giapponese al giorno d’oggi." Master's Degree Thesis, Università Ca' Foscari Venezia, 2022. http://hdl.handle.net/10579/21056.
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L’elaborato si pone l’obiettivo di esplorare uno dei tanti settori in cui le donne giapponesi ancora oggi non godono di piena eguaglianza: il mondo del lavoro. In particolare, l’analisi si concentrerà sulla Equal Employment Opportunity Law entrata in vigore nel 1986 e i suoi relativi effetti. La domanda di tesi, oltre ad interrogarsi sulle concrete conseguenze che questa legge ha portato nel mondo del lavoro femminile, vuole analizzare quante siano in Giappone – ma soprattutto se ci siano – al giorno d’oggi donne con cariche manageriali e in quali settori.
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Kassem, Leigh. "The Effects of Employment on Recidivism Among Delinquent Juveniles." Digital Commons @ East Tennessee State University, 2017. https://dc.etsu.edu/etd/3302.
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Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or desistance as juvenile offenders mature into adulthood. Variations in the significance of these variables throughout the first seven waves of data collection were examined from the life course perspective. Results provide support for the theory of age graded social control and suggest that high risk youth self-select into intensive work roles as adolescents. No statistically significant differences in lifetime offending were found between respondents across varying levels of work intensity.
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Sipuka, Sibongile, and Supervisor details. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/4811.
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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits. There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances.
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Sipuka, Sibongile. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021152.
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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances
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Windle, Branden R. "NLRB vs. the Boeing Company: Implications of the Board's Overreach." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/231.
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On March 26, 2010 the International Association of Machinists and Aerospace Workers filed a complaint with the National Labor Relations Board alleging that The Boeing Company engaged in several unfair labor practices when it decided to build a second production facility for the 787 Dreamliner in a non-union facility in North Charleston, South Carolina. However, the NLRB’s charges are unwarranted and should be dismissed. Boeing’s competitiveness, as well as the overall American economy, is threatened by the precedent that would be set by a decision in favor of the union.
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Smallcombe, J. "Lay representation at industrial tribunals." Thesis, University of Exeter, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.232988.
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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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Delport, Gerhardus Jordaan. "The constitutionality of Section 14 of the Employment of Educators Act." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/15479.
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The Department of Education, as part of the public sector, employs educators in terms of the Employment of Educators Act (EEA),1 whereas the rest of the public servants are employed in terms of the Public Service Act (PSA). If an educator is absent for more than 14 consecutive days without the permission of the employer, the educator is deemed to be discharged according to section 14(1)(a). With regard to the rest of the public sector, a similar provision is put in place, where section 17(5)(a) provides for the discharge of a public officer who is absent from his / her duties without the permission of the Head of Department for a calendar month (31 days). Sometimes long absent periods are caused by personal circumstances of the employee which are unforeseen. If the employee reports for duty after the dismissal, section 14(2) of the EEA provides that, the employee may be reinstated by the employer on good cause shown, after a post-dismissal hearing. If an employee in the public sector is discharged based on these deeming provisions, the employment is terminated by the operation of the law and there is no dismissal. This means that the employer is not responsible for the termination, meaning than there exists no option to review the dismissal. The supreme law of the Republic of South Africa (RSA) is the Constitution of the Republic of South Africa (the Constitution).5 The question at hand is whether the deeming provision of section 14 of the EEA6 is constitutional. The Labour Relations Act (LRA) goes further by stipulating that every person has the right not to be unfairly dismissed, and not to be subjected to unfair labour practice.7 Section 23 of the Constitution provides that everyone has the right to fair labour practices. Furthermore, section 33 of the Constitution provides for fair administrative action. The question is whether these provisions, dealing with the dismissal of educators, limit the employee’s constitutional right to a fair labour practice.
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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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Lickiss, Stephanie J. "Pre-Employment Integrity Testing with Law Enforcement and Security Applicants| A Closer Look at the Law Enforcement Applicant Inventory (LEAI)." Thesis, Alliant International University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3639877.
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Law enforcement agencies face the difficult task of identifying suitable individuals to take on jobs that require certain skills and characteristics. Training new hires requires these agencies' resources, so an important aspect of the hiring process is maximizing these resources and ensuring that as many of these individuals as possible will succeed. Pre-employment screening tools can assist with hiring by identifying notable characteristics, pathology, and attitudes either related to, or vastly different from, the position. Many assessment exist that can contribute to the pre-employment screening process, such as the Law Enforcement Applicant Inventory (LEAI).
The goal of this study was to explore the relationships between scales on the LEAI to better understand how these different areas of interest correlate. Pearson's r statistics were compiled to identify the correlations between each of the eight LEAI scales, including the Honesty, Nonviolence, Drug Avoidance, Risk Avoidance, Safety, Stress Tolerance, Criminal Justice Orientation (CJO), and Candidate Potential Index (CPI) scales. The results showed that all of the LEAI scales were statistically significantly correlated, p < .01, with large effect sizes, r2 < .14. A post-hoc power analysis was also run to further investigate these correlations. Each post-hoc analysis yielded a power = 1.00, which may have been affected by the large sample size. Additionally, this study focused on expanding the readily available reliability statistics for the LEAI. Reliability statistics were provided for the Honesty, Nonviolence, Drug Avoidance, Risk Avoidance, Safety, Stress Tolerance, and CJO scales in the form of Cronbach's alpha coefficient and split-half reliability.
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Mofokeng, Elly Evelyn Tsholofelo. "An analysis of the deeming provision relating to temporary employment services in South Africa." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/74949.
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The Labour Relations Act 66 of 1995(LRA) is the primary legislation regulating employment relations in South Africa. Despite its effort to provide adequate protection to employees employed in various capacities, the LRA seems to have fallen short when it comes to atypical employees. Before the LRA was amended in 2015, Temporary Employment Services (TESs) were largely unregulated; this provided ample opportunities for clients to exploit the vulnerable TES employees. It is this abuse and exploitation which lead to the introduction of the section 198A(3)(b) of the LRA(deeming provision).
The deeming provision applies to TES employees who earn below the monetary threshold stipulated in section 6(3) of the Basic Conditions of Employment Act 75 of 1997. This is an effort by the legislature to reduce the exploitation of employees working in atypical forms of employment. Despite these efforts, the deeming provision has been subject to a lot of debate particularly with regard to its correct interpretation and application. It is against this background that this dissertation will focus on the ways in which the deeming provision has been interpreted by trade unions and labour brokers.
This dissertation will also discuss the judgement handed down in Assign Services (Pty) limited v National Union of Metalworkers of South Africa and Others (2018) 39 ILJ 1911 (CC), to determine whether the court provided sufficient clarity about the meaning behind section 198A(3)(b) of the LRA.Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted
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Solo, Kholisani. "Security of employment in the public service in Botswana : a study of public service law and ethics." Doctoral thesis, University of Cape Town, 2000. http://hdl.handle.net/11427/9510.
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Includes bibliography.The main concern of this study is the law relating to the public servant in Botswana. It assesses the efficacy of both statutory legislation and common law principles in promoting tenure for public servants. The employment relationship between the servant and the state is considered starting from his/her entry into the service . Some "public" servants like the Attorney-General, Auditor-General, judges and magistrates have protected tenure. This tenure is constitutionally guaranteed. The Supervisor of Elections who has now been superseded by the Independent Electoral Commission also had such tenure, which was passed on to the Secretary to the Commission and the other members. The processes that follow appointment into the public service are considered. These processes are probation, promotion, suspension, discipline and dismissal. There are also other factors, which come into play once a public servant has been appointed. These factors include conventions and traditions governing his/her position as a public servant. In this regard, the study discusses the principle of political neutrality, permanency, anonymity, accountability and autonomy. These principles were passed on to the Botswana public service by the British who for some time ruled Bechuanaland Protectorate, as Botswana was then called. These principles are important in that as elections come and pass, the public service is expected to remain, surviving changes of government. Public service labour relations in Botswana are discussed within the context of International Labour Organisation standards. The relevance of Conventions no.87 and no.98 of the ILO on the right to form and belong to unions and within that union to bargain collectively and to strike are examined in the study. It is argued in the thesis that there is more security of tenure if there is a right to form and to belong to a trade union organisation, and within that union to bargain collectively and to strike. Other legacies of colonial rule in Anglophone African countries in the form of Public Service and Judicial Service Commissions are examined and their effect on tenure highlighted . Last but not least is the question of discipline and dismissal in the public service which is largely a matter of law. The study concludes that by and large the protection offered to public servants in Botswana is comparable to one enjoyed by private sector employees in Botswana
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Ekelund, Emma. "Det flexibla anställningsskyddet : Om hur kollektivavtal reglerar visstidsanställningar i olika branscher." Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-90119.
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This essay is about flexibility in relation to employment protection through a gender perspective. It handles the regulations of fixed term employments and how they are regulated in collective agreements in different sectors. The sectors studied are chosen by statistics on male- and female dominated sectors to apply a gender perspective. 90 percent of Swedish workers are covered by collective agreements and many of the studied agreements differ markedly from both the regulation in the Swedish law and from each other. The study shows that depending on which sector you are working in your employment protection will differ. Especially in female dominated sectors the regulations of fixed term employments are even more flexible than the law and the regulations in male dominated sectors. According to the gender structure of the labor market, women have lower status, which could be an explanation to why the regulations tend to be less favorable for women. The result of the study shows that collective agreements in female dominated sectors tend to have regulations according to the Swedish law or less favorable than the law. The male dominated sectors on the other hand tend to have collective agreements that are stricter regulated than the law when it comes to the area of fixed term employments. By that said the regulations of fixed term employments seem through a gender perspective be better for men than for women.