Dissertations / Theses on the topic 'Grievance procedures'

The Public Service Commission (PSC) is an independent oversight body established in terms of chapter 10 of the Constitution, 1996. Although, its powers and functions were enacted in the Public Service Commission Act, 1997, this institution has been in existence since the early 1900’s. As an institution which was birthed during an era wrought with injustice, inequality upon a labour law framework which barely existed as the concept is understood today, the PSC played a leading role in the management of the public service. The influence of the Treasury, Governor-General and socio-political forces throughout the 1900’s negatively impacted the manner in which the PSC was effectively able to exercise its’ powers and functions. Subsequent thereto, the rise of staff associations and their concerted effort to be party to matters pertaining to the employment relationship, placed the PSC in a precarious situation which created the perception that the PSC was a “toothless organization”. Although the PSC has since transitioned significantly in that many of the functions it performed are now exercised by the Ministry of Public Service and Administration, today, this perception is still as real as it was in the 1970’s. The primary purpose of this treatise is to provide a historical background to present time, depicting the role undertaken by the PSC and whether the perception of being ineffective in the administration of the public service, remains. The researcher will provide a distinction of the nature of grievances dealt with by the PSC and other alternate dispute resolution bodies, with specific attention being drawn to the methodologies applied in the execution of its mandate relating to labour relations and personnel practices, and the overall bearing it this has on the effective administration of the public service. In the conclusion it is submitted that the powers and functions of the PSC may extend to directions, advice and recommendations (unenforceable), however in comparison to other dispute resolution bodies, these powers and functions are centred around the promotion of constitutionally enshrined values and principles. PSC prides itself in the fruits of its labour as it is able to make a far greater impact by investigating root causes of grievances and redressing systemic issues, emanating from yesteryear to date. It is therefore submitted that as a result of different methodologies applied in comparison to other dispute resolution bodies, the highly administrative processes embarked proves far more thorough and effective and as a result cannot be compared or perceived to be ineffective. Lastly, it is submitted that the co-operative rather than adversarial approach embarked upon by the PSC is befitting for a young democratic country where impact-driven bears far reaching results, extending over the public service administration at large. To this end, the researcher refutes the misconception that the PSC is a toothless, ineffective organization which no longer plays a meaningful role within the Public Service Administration.

The purpose of this study was to analyze a nonunion grievance procedure and its relationship to employee attitudes toward their jobs and toward unionization. The analysis had three main focuses of concern. First, an investigation was made of the underlying dimensions of grievance procedures. Second, an assessment was made of employee satisfaction with a unique grievance procedure established for their use. Areas of inquiry were selected based on the concept of procedure multidimensionality. Third, the relationship between employee perceptions of the grievance procedure, job satisfaction, and employee attitudes toward union representation were investigated. This line of inquiry was based on the proposition that the availability of a grievance procedure in a nonunion setting reduces the likelihood that employees will perceive a need for union representation, and that the strength of this association depends on the procedure's acceptability to the employees. The findings show the presence of five salient subdimensions of grievance procedures, that is, critical elements necessary for such a system to be judged acceptable for use by employees for resolving work related problems. Moreover, the data lends strong support for the belief that satisfaction with a grievance procedure available for use is strongly associated with an individual's intention to vote for representation by a labor union if given the opportunity to do so.
Ph. D.
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Current research in collective bargaining suggests the need to investigate how contracts and agreements are interpreted at school sites. Speculation about the effects of collective bargaining describe comprehensive situations and neglect the individual settings which are most critically affected. Furthermore, a need persists to reveal those aspects of "life as a principal" that are affected by collective bargaining, teacher behaviors, and interpretations and decisions that occur within this working domain. This qualitative study addressed these issues. It investigated how 15 principals, kindergarten through grade 12, in a state that lacks a comprehensive statute which neither requires nor prohibits bargaining, interpret contracts and agreements. Analysis of protocols revealed that locally negotiated arrangements influence the course of complaints and grievances. The principals in this study provided evidence indicating that collective bargaining some of these same limitations are locally negotiated between principals and teachers. This renegotiating process enabled both principals and teachers to continue in working relationships to meet the distinct needs of each school. Further research on the daily settlement of disputes, arising during the life of an agreement, would be beneficial in understanding the effects of collective bargaining.

The purposes of this study were to examine the opinions of respondents regarding dispute resolution procedures utilized by public school teachers as described in sections 22.1- 312 of the Code of Virginia. In this study, demographic and opinion data were collected from individuals selected to serve as neutral chairpersons of fact-finding panels, school division superintendents or designees, local teacher association presidents, Virginia Education Association UniServ directors, and attorneys. The history, development, and intent of teacher dispute resolution procedures are presented in Chapter II. A descriptive research design was utilized. A researcher-designed survey instrument was used to gather demographic and opinion data from the five groups. Neutral chairpersons who had administrated a panel hearing were located through correspondence with school division superintendents or personnel directors and teacher association leaders in the state of Virginia. School division superintendents or designees employed in school divisions who had experienced a fact finding panel hearing were included in the investigation. The opinions of local teacher association presidents and UniServ directors were sought. Attorneys who had represented either a teacher or a school board during a grievance or dismissal hearing were included in the study. The information gathered was compared and analyzed statistically. Five surveys were developed for this study. The first part of each survey requested opinion data regarding the role and function of the fact-finding panel, the procedural framework of grievance and dismissal hearings, advisory fact-finding, and the experiences, training, and qualifications of neutral chairpersons. A five-point Likert-type scale was utilized with statements included in the section. The second part of each survey requested demographic information to include the respondent's gender, age, race, degrees earned, current employment, and questions regarding training and experience. The demographic characteristics revealed a composite profile of neutral chairpersons in the state. Opinion data were statistically analyzed to determine significant relationships between the five groups based on their gender, race, age, and highest level of education. The information may be useful to school division personnel and others involved in dispute resolution procedures, which advance to the fact-finding hearing level.
Ed. D.

Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2016.
This study assessed the role of the Public Service Commission (PSC) in the public service grievance investigations in South Africa, with the intention of finding a feasible approach for constructing and attending to fair and just grievance procedure. This study also sought to investigate the effectiveness of the methods used by the PSC employee grievances with the intention of recommending an appropriate approach in dealing with grievances. The PSC, as a Constitutional oversight body, may be charged with responsibilities to assess if the public service deals with grievances of employees, but fail to assess itself. It is studies like this that mirror how the PSC assesses employee grievances in the public service and whether it succeeds in advancing effectively and effective on that.

The Problem. The purpose of this study was to examine fact-finding as a method of conflict resolution in Virginia Public School grievance cases to determine the extent that school boards and courts accept the fact-finders' recommendation. It was hypothesized that the recommendations of fact-finding committees are accepted more often than they are rejected; that the number of cases brought to fact-finding varies with the size and location of the school division, that the number of cases decided directly by school boards is less than the number of cases decided by school boards after a fact-finding hearing; and that school central office administrators prefer fact-finding to other methods of conflict resolutions.;Research Procedure. The subjects were superintendents of all school divisions in Virginia and representatives of ten selected school divisions. A survey developed by the investigator was used to determine the school divisions which reported fact-finding cases for the years 1982-83 and 1983-84. A 34 item interview schedule developed by the investigator was used to collect information on ten specific cases presented to fact-finding. Tables and rank orders were used to present information on percentages and types of cases.;Findings. There was no significant difference in the number of cases presented directly to the school boards and cases presented to fact-finding prior to a school board hearing. School boards accepted the fact-finders' recommendations more often than they rejected them. Fact-finding occurred in public school divisions in Virginia without regard to the size of student populations or the location of the school divisions. Dismissal was the most prevalent source of impass declaration. School administrators who were involved in the process prefer fact-finding to other forms of conflict resolutions.;Conclusions. A review of the data reported by school administrators revealed that it was both expensive and time consuming for a school division to go to fact-finding. Administrators stated that panels must be permitted to rule on teacher competency and must be given power to subpoena evidence and witnesses. Administrators recommend short time limits for each step of the grievance and dismissal process to reduce expenses and increase credibility of witnesses. The findings of this study have implications for the preparation for a fact-finding hearing and for preparation of state and local grievance and dismissal procedures.;Recommendations for further research are included.

Thesis (DPsych (Health Psychology)) - Faculty of Life and Social Sciences, Swinburne University of Technology, 2007.
Submitted as a requirement for the degree of Professional Doctorate in Health Psychology, Faculty of Life and Social Sciences, Swinburne University of Technology - 2007. Typescript. Includes bibliographical references (p. 189-210).

The efforts to create an equal non-discriminatory South African society should also manifest in the workplace and, more specifically, in the academic arena. Academics are regarded as the leaders of society and the shapers of the future of a country. Their conduct should be of the highest ethical and moral standards, and no form of discrimination should be allowed by or against them. In terms of the Employment Equity Act, sexual harassment is a form of unfair discrimination and carries a substantial penalty should an employer be found guilty of vicarious liability. The purpose of this study was to determine the perceived incidence of sexual harassment of academic staff at higher education institutions in South Africa, as well as their awareness of the policies dealing with sexual harassment. The sufficiency of the grievance procedures designed to deal with complaints of sexual harassment was also evaluated. A cross-sectional survey design was used to reach the research objectives. The Sexual Harassment Questionnaire (SHQ) was randomly distributed amongst a sample of 710 academic staff members from 10 higher education institutions in South Africa. A response rate of 22,8 percent (n = 162) was achieved. The statistical analysis was carried out using the SPSS 15.0 program (SPSS 2007), a program that is used to conduct statistical analysis regarding reliability and validity of the measuring instruments, descriptive statistics, /-tests, analysis of variance, correlation coefficients and multiple regression analysis. Article 1 focuses on the perceived incidence of sexual harassment. In this article, five categories of sexual harassment were used as indicators of the incidence thereof, namely verbal, non-verbal, physical, gender and quid pro quo harassment. A statistically significant correlation coefficient with a large effect was found between verbal and non-verbal harassment. A practically significant correlation of a medium effect was also found between physical, verbal, non-verbal and quid pro quo harassment and sexism, as well as between the control item of sexual harassment and physical, verbal, non-verbal and quid pro quo harassment. Analyses of variance were performed on the different demographic groups using various variables and the findings indicate no practically significant effect of gender, age, population group or years of service on sexual harassment. In Article 2, the awareness of sexual harassment policies and procedures were determined. Various aspects of policies were investigated, such as content, development, types and implementation. The results show that despite indications that sexual harassment policies do exist and that they are regarded as effective tools in addressing sexual harassment, the implementation of such policies is not effective. In addition, few academic staff members receive training/guidance on the utilisation of these policies. Significant correlation coefficients were found between the elements of an effective policy and between population groups and some of the elements. Article 3 reports on findings regarding the sufficiency of grievance procedures in dealing with complaints of sexual harassment. The results show a positive correlation between confidence in the grievance procedure, the amount of attention that supervisors pay to grievances, regular feedback to employees regarding the progress of grievances, willingness of supervisors to take decisions, the amount of confidence in supervisors and the effectiveness of the procedure. The reluctance of management to deal with grievances unless they are reported via the grievance procedure was related to the perceived effectiveness of the procedure.
Thesis (Ph.D. (Industrial Sociology))--North-West University, Vaal Triangle Campus, 2010.

The purpose of this research was to study the effect of the conflict settlement process on the degree of expressed organizational commitment of employees in a collective bargaining setting. The research was done in a basic industry in northern Alabama. The instrument included the Organizational Commitment Questionnaire (OCQ) developed by Mowday, Porter, and Steers. Demographic variables measured were education, age, and sex. Main effects variables were tenure; union membership; and self-described experience with and feeling toward grievance/arbitration as a category 1 grievant, category 2 grievant, witness, and supervisor. Data were analyzed with hierarchical multiple regression. No statistically significant results were found. Limitations included the economic climate of the region and the industrial relations climate of the company.

South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternative disputes resolution processes of conciliation and arbitration in the Eastern Cape Province aim to transform the South African and global labour market by promoting an integrated simple, quick but efficient and inexpensive dispute settlement services in order to reduce the back log of cases, maintain labour peace, promote democracy at workplace with the view of advancing economic and social justice.

This study examined the beliefs, perceptions, actions, and congruency between beliefs and actions of participants completing an anonymous survey regarding if clients should be informed of the AAMFT organization, code of ethics, and grievance procedure. Two hundred thirty-one participants returned the survey, representing AAMFT clinical members, AAMFT state division officers, and the AAMFT national ethics committee board members. The findings include the respondents' beliefs, actions, and congruency between the two for informing clients about the organization, code of ethics, and grievance procedure. Most participants believe clients should be informed and the results indicate that the participants are mainly consistent with their actions, except for grievance procedures. The findings seem to indicate that as the perceived risk for the therapist increases, the amount of information shared decreases. The beliefs and actions regarding the grievance procedure seemed to be the most ambiguous.
Master of Science

In many instances, the South African Constitution is been seen as the most advanced constitutions in the world. Section 196(4)(f)(ii) of the Constitution has made provision for the Public Service Commission(PSC) to investigate grievances of employees in the Public Services and furthermore to recommend appropriate remedies. However, there is a contradiction when implementing these procedures, as the PSC tends to follow their own set of guidelines with regard to the relevant procedures to be followed when dealing with grievances. Due to this, the public servant [s] rights are been under minded and they seem to lose all confidence and faith with the system. The individual have the potential of resolving the differences that exist amongst them, if it is based on the honest and transparent manner. As mentioned above, even though it is the duty of the PSC to implement the proper grievance procedure at work, its fairness and objectivity will be tested and discuss further in detail in this research. However, in the South African Police Services, due to the nature of their protocol which emphasised on the seniority dominated by rank structure, creates an environment of inequality. Meaning that junior officers are not encourage to challenge their superior on the hostile treatment as it will be viewed as a lack of discipline on the part of the junior officer. The grievance procedure therefore, serves as the formal vehicle which the union will encourage the employee to follow in seeking for justice against unfair treatment. In most case the employee are sceptical to file a grievance against their seniors, for fear of victimization, however, this might worsen the situation if it was not brought to the attention of the management. On many occasions the employees have rather taken a decision to resign due to pressure from the management. In terms of section 186(1)(e) of the Labour Relations Act, continued employment are made intolerable if the discontent experience by the employees becomes more and more imminent in the work environment. In a situation where the continued employment has become intolerable, the employee can claim constructive dismissal. This research looks at the different ways which the courts arrive at, when deciding on cases from the South African legal system, in order to determine which tests to apply when dealing with constructive dismissal.

This thesis examines the process of cultural change within an organisation. The organisation is the police service in general, and Cambridgeshire Constabulary in particular. The research is action-based and interventionist in nature. It involved an attempt to change an aspect of culture within one police force. The change programme which introduced a new staff grievance procedure commenced in January 1994. In 1993, Cambridgeshire Constabulary had four recorded grievances. Independent research (Kelly 1. 1993) suggested that staff had no faith in the existing grievance procedure and overt sexist behaviour was endemic. Following this intervention 95 grievances were recorded in 1995, an increase of 2375%. Additionally, 69.5% of those grievances were resolved by first line managers compared to 0% in 1993. A comparative study of other forces with a similar grievance procedure indicated that none had experienced a similar change. Additionally, following the intervention, independent research into police occupational culture in Cambridge (Muston 1. 1996) could not find evidence of overt sexist behaviour, citing the new grievance procedure as a reason for this change. The most significant factor in facilitating this change in culture was the re-socialising of all police managers as part of a specialised training programme. This training focused on the micro-actions of change. This was possible because organisational defence routines and meta-directions were first identified. The training used aspects of culture to sub-consciously engage managers in the learning process. Role-play played a significant part in this process and allowed a new psychological contract to be developed between managers. These managers then acted as significant others and helped to change staff's belief in the grievance procedure. As staff began to use the procedure and managers dealt with previously undiscussible issues so aspects of the organisations culture changed.

O presente trabalho tem como objeto a análise dos poderes decisórios do relator nos recursos cíveis, à luz do art. 557 do CPC. Para atenuar a carga de trabalho dos tribunais, da qual resultaria, pelo menos a priori, agilização no trâmite dos recursos em geral e, de conseqüência, combate à morosidade da justiça, atribuiuse ao relator poderes para apreciar os recursos no âmbito dos tribunais, isto sem necessidade de submissão do feito ao órgão colegiado. De acordo com o ordenamento jurídico atualmente em vigor, o relator está autorizado a, unipessoalmente, decidir a admissibilidade e até mesmo sobre o mérito do recurso. Essa é a dicção do art. 557 do CPC, com a redação que lhe imprimiu a Lei n 9.756/98. A decisão proferida solitariamente pelo relator, nos casos previstos no art. 557 do CPC, sempre causou muita perplexidade na comunidade jurídica, sobretudo porque rompe com a consagrada tradição de julgamentos colegiados no âmbito dos tribunais. Entretanto, sempre pôde ela ser submetida à apreciação do colegiado através da interposição do recurso de agravo interno. O legislador ordinário, no entanto, caminha decididamente para a monocraticidade das decisões no âmbito dos tribunais. A Lei n 11.187/05 é manifestação clara dessa tendência, porquanto suprimiu o cabimento do agravo interno contra as decisões interlocutórias proferidas nos casos enumerados no parágrafo único do Art. 527 do CPC, consistentes nas hipóteses em que o relator converte o agravo de instrumento em retido, quando atribui efeito suspensivo ou defere, em antecipação de tutela, total ou parcialmente, a pretensão recursal. O estudo do Art. 557 do CPC aliado ao espírito das modificações implementadas pela Lei n 11.187/05 encarna a tendência de que o relator exerce os poderes que lhe foram concedidos pela lei e não que os exerce ad referendum do órgão colegiado que integra
This work aims to analyze the decision-making powers of the rapporteur in civil appeals in the light of art. 557 of the CPC. To alleviate the workload of the courts, which would result, at least in principle, speeding in the processing of resources in general and, in consequence, the slowness of justice fight, attributed to the rapporteur empowered to hear appeals in the courts, that without submission made to the national collegiate. In accordance with the laws currently in force, the Rapporteur is authorized, sole proprietorship, to decide the admissibility and even on the merits. This is the utterance of the art. 557 of the CPC, with wording that gave it to Law No. 9.756/98. The decision alone, by the rapporteur, as provided in Art. 557 of the CPC, always caused much perplexity in the legal community, especially because it breaks with the hallowed tradition of collegiate judgments in courts. However, it could always be submitted to the collegiate action was brought by the grievance procedure. The ordinary legislator, however, moves decisively to monocratic decisions in courts. Law No. 11.187/05 is clear manifestation of this trend, since deleted the relevancy of internal grievance against interlocutory decisions rendered in the cases listed in the paragraph of Article 527 of the CPC, consistent in situations where the rapporteur converts the wrong instrument in withheld, when you assign a suspensive effect or defers, in anticipation of trust, in whole or in part, the appellate claim. The study of Article 557 of the CPC coupled with the spirit of the changes implemented by Law No. 11.187/05 embodies the trend that the rapporteur shall exercise the powers granted to it by law and that has not ad referendum of the collegial body part

D.Cur. (Professional Nursing)
The purpose of this study is to develop a model for effective management of grievances in nursing services, and to describe guidelines for its utilisation in nursing services. This will enable managers to facilitate labour peace in nursing services. From the research of Potgieter (1992) regarding management of grievances by nurse managers, a model case is synthesized. The essential concepts are identified, defined and the relationships between the concepts described in statements. The survey list of Dickoff et al. (1968:423) gives the structure to the model and the agent, recipient, process, dynamics and goal are described within the context of nursing services. A graphic picture of the model follows as well as the description of the process. Guidelines for application in practice are finalised after evaluation by nurses in practice as well as an industrial relations consultant. The final model follows the feedback after evaluation by the above-mentioned. The model is evaluated in practice using observation, interviewing and an instrument measuring the essential concepts as identified in the model. The findings are described in a case study.

Employee organizations or trade unions play an important role in the labour relations of various institutions. A crucial function, amongst others, fulfilled by trade unions is their involvement on issues of grievance and disciplinary procedures in the workplace. This study aims to understand the perceptions of rank and file union members, particularly regarding the handling of grievance and disciplinary procedures. The study examines the understanding of the functioning of a union, as well as the approach of a union in representing its members during grievance and disciplinary procedures. In particular, the study looks at the challenges faced by the leadership of the union in dealing with the management of an institution during grievance and disciplinary procedures. Various circumstances which, lead to the lodging of grievances and the scheduling of disciplinary hearings in the workplace were observed. These circumstances could occur in any workplace of any given institution. It is for this very reason that the appropriate measures should be taken in resolving disputes. The measures should be followed and applied by the management of an institution when dealing with grievance and disciplinary procedures regarding its employees. Such procedures must be followed before an employee may be given a warning or be dismissed. Recognized unions represent their members during such proceedings. This study analyzes the understanding of labour relations, regarding issues of grievance and disciplinary procedures, as applied to a tertiary institution. The handling of these procedures and the experiences of union members, during their representation by a union, are assessed. Due to the diversity of scope and the composition of unions (representing both academic and non-academic staff members) which operate in a tertiary institution, the study was limited to one labour union. This research was conducted within the structure and scale of a single union (NEHAWU) operating in an institution. The study found that union representatives faced particular challenges while defending their members during disciplinary hearings. These challenges are apparent when union representatives are confronted by legal experts on labour matters. Union members expressed their dissatisfaction and their lack of confidence in their representatives during grievance and disciplinary proceedings. The union members rated the union poorly, particularly regarding the leadership of the union. They felt that more cases were lost than won. However, despite the low ratings, union members (in general) felt strongly about the right to belong to a union, believing that disciplinary processes were largely affected by “race”. This is simply because most of the union members were black subordinates serving under most white supervisors. AFRIKAANS : Werknemerorganisasies of vakbonde speel ’n belangrike rol in arbeidsverhoudinge in verskeie instellings. ’n Kritieke funksie, onder andere, wat deur vakbonde vervul word is hul betrokkenheid by griewe- en dissiplinêre prosedures in die werkplek. Hierdie studie beoog om die persepsies van gewone vakbondlede, in besonder met betrekking tot die hantering van griewe- en dissiplinêre prosedures te begryp. Die studie ondersoek die begrip van die funksionering van ’n vakbond, asook die benadering van ’n vakbond in die verteenwoordiging van lede tydens griewe- en dissiplinêre prosedures. In besonder, word die uitdagings wat die vakbondleierskap in die gesig staar in die oorlegpleging met bestuur tydens griewe- en dissiplinêre prosedures, oorweeg. Verskeie omstandighede wat tot die oplegging ’n grief en die skedulering van ’n disiplinêre verhoor in die werkplek, lei, is waargeneem. Hierdie omstandighede kan by enige werkplek in enige instelling ontstaan. Dit is om hierdie rede dat gepaste maatstawwe geneem moet word om sulke dispute op te los. Die maatstawwe behoort gevolg en toegepas te word deur die bestuur van die instelling wanneer griewe- en dissiplinêre prosedures, met betrekking tot werknemers, hanteer word. Sulke prosedures behoort gevolg te word voordat ’n werknemer ’n waarskuwing gegee of ontslaan word. Erkende vakbonde verteenwoordig hul lede tydens sulke prosedures. Die studie ontleed die begrip van arbeidsverhoudinge, met betrekking tot griewe- en dissiplinêre prosedures, soos deur ’n tersiêre instelling toegepas word. Die hantering van hierdie prosedures en die ervaringe van vakbondlede gedurende hul verteenwoordiging deur die vakbond word geasseseer. As gevolg van die omvang van reikwydte en die samestelling van vakbonde (wat beide akademiese en nie-akademiese personeel verteenwoordig) wat in die tersiêre instelling funksioneer, is die studie beperk tot een vakbond. Die navorsing is onderneem binne die struktuur en skaal van ’n enkele vakbond (NEHAWU) wat in die instelling werksaam is. Die studie het bevind dat vakbond verteenwoordigers bepaalde uitdagings in die gesig gestaar het in die verteenwoordiging van hul lede tydens dissiplinêre verhore. Hierdie uitdagings is duidelik wanneer die vakbond verteenwoordiger gekonfronteer word deur regskenners oor arbeidsaangeleenthede. Vakbondlede het hul misnoeë uitgespreek en min vertroue in hul verteenwoordigers tydens griewe- en dissiplinêre prosedures geopper. Vakbondlede het die unie, in besonder die leierskap, as swak beoordeel. Hulle voel dat meer sake verloor as gewen is. Ten spyte van hierdie lae taksering, voel vakbondlede sterk oor hul reg om aan ’n unie te behoort (in die algemeen), en glo hulle dat dissplinêre prosesse deur ‘ras’ beïvloed word. Dit is eenvoudig omdat meeste vakbondlede swart ondergeskiktes is wat onder wit toesighouers werk. Copyright
Dissertation (MSocSci)--University of Pretoria, 2013.
Sociology
unrestricted

M.Phil. (Labour Law & Employment Relations)
The Department of Correctional Services (DCS) is a security-oriented institution and one of its constitutional mandates is to keep offenders in safe and humane conditions until they are lawfully released. Employment relations are fraught with inevitable conflict because where there is more than one human being it follows that it (conflict) will surface. Hence, conflict leads to grievances. This study was intended to achieve the following objectives: - to conduct a literature investigation on grievance handling procedures in the DCS -to conduct an empirical investigation into employees' perceptions of grievance handling procedures in the DCS -to formulate recommendations for guidelines for the use of management III improving grievance handling procedures in the DCS According to the DCS's annual report of 200412005, more than half of the grievances lodged (54.98%) during that time were not resolved. This should be cause for concern for any organisation, especially one like the DCS where each and every employee needs to be at his/her best in terms of commitment and the employer should in turn have the leverage of trusting them (employees) all. Through the research questionnaire, this study gave employees an opportunity to interact with the researcher with a view to providing some guidelines for improving grievance handling in the DCS. Similarly, the study provided the researcher with an opportunity to find out from the respondents what, in their view, needs to be done to improve grievance handling in the DCS…

M.Comm.
The purpose of the study is to determine, through literature research, what the current situation is regarding Labour Relation Management in Education. In order to search for answers, various resources have been used -the majority of which are primary and authoritive of nature. In the first instance a few basic concepts and definitions in labour law in education were studied. Issues which were discussed focused on the definition of employer and employee and the relationship between them. The professional nature of the teaching profession was discussed, including the various councils which have an impact on industrial relations in education. In chapter three an in depth analysis has been made of the role of the various legislation regarding industrial relations in the educational field. The focus of this analysis was on the following key legislation: The Constitution 108 of 1996 The Labour Relation Act 66 of 1995. The Employment of Educators Act 76 of 1998. The Basic Conditions of Employment Act 75 of 1997 The Employment Equity Act 55 of 1998 The Development of Basic Skills Act. South African Schools Act 84 of 1996 10 Regulations: Regulations Regarding Terms and Conditions Of Employment of Educators R 1743 OF 13 November 1995. Regulations on Personnel Administration Measures (PAM) 18 February 1999. In chapter four the disciplinary process in education was discussed at length. The focus here was on the disciplinary code, principles of the disciplinary process as well as internal disciplinary procedures -specifically by whom and at what level it should be managed. A clear distinction was made between internal and external procedures. The principle of natural justice under the audi alteram partem and the nemo iudex in propria causa principle was discussed. An important aspect here is the appointment and dismissal of teachers in governing body posts. In chapter six the grievance procedure in education-such as the definition of grievance and how it should be dealt with, were discussed. The management of grievances as quickly and as close as possible to the cause as well as the reaction and conduct of the parties concerned, were also discussed. In conclusion the study was summarized and certain shortfalls highligted. Certain recommendations were also made, especially concerning the Administrative Act 3 2000, and the use thereof in labour relations.

There is now widespread acceptance in the organisations that human resources are an important source of competitive advantage, or an important component of the value chain. In the public service sector, the delivery of services to the populace depends on the competence, motivation and discipline of the employees. All of this points to the importance of properly dealing with HR issues in organisations. This empirical study gathered the views of Ward Managers of the Kwa-Zulu Natal Department of Education. 40% of Ward Managers participated in this survey, and the responses were analysed utilising the Statistical Package for Social Sciences (SPSS). The results indicate that the majority of respondents perceived the department’s disciplinary process to be unfair both substantively and procedurally. The majority of respondents felt that there were inconsistencies in the decisions to discipline employees; that the sanctions were inconsistent and that the disciplinary hearings took too long to finalise. Finally, this study recommended further research on the subject, especially utilising different methodologies such as in depth case studies and unstructured interviews in order to gain insights into the reasons why Ward Managers hold the views that they hold or to refine some of the concepts in order to understand what exactly they understand by concepts such as ‘unfairness’.
Thesis (MBA)-University of KwaZulu-Natal, Westville, 2010.

M.Cur. (Professional Nursing)
Grievance procedures form an important instrument by means of which nursing staff can make their grievances known to management, thereby effecting a solution to the problem. Therefore, the way in which grievances are handled form an integral part of the staff duties of a nursing service manager. The effective handling of grievances directly influences the satisfaction of nursing staff, as well as the quality of nursing, and thus productivity. Effective handling of grievances depends on the nursing service manager's knowledge of and abiU ty to utilise grievance procedures. This implies that the nursing service manager should be willing and able to investigate all grievances that she becomes aware of, in a consistent manner. She can only fulfil this responsibility if there is an existing grievance procedure in the hospital, and if this procedure is known to all nursing staff. Utilisation of this procedure only is possible when all staff have access to it. This is ensured by training, which will equip them with knowledge and skills in the execution of grieval1ce procedures. The purpose of this study is to determine whether grievances are being handled effectively by nursing service managers in selected hospitals. A descriptive, exploratory study was done within this context by means of a historical analysis of available literature, including newspaper reports, as well as by case study analyses and interviews with nursing service managers in the selected hospitals. A self-training programme regarding the management of grievances will be developed. Analysis of the data indicates that nursing service managers in the selected hospitals do not handle grievance procedures effectively During interviews the nursing service managers indicated that grievance procedures do indeed exist at the hospitals in the Pretoria Witwatersrand area. However, a degree of uncertainty exist. about the difference between grievance procedures and disciplinary procedures.

碩士
國立成功大學
政治經濟學研究所
94
With the development of feminism and the concentration on human rights, people started to regard sexual harassments in daily life as abuse and practice of power. The Act for Gender Equality in Education empower the college authorities to face and deal with sexual harassments on campus. However, we have to face the fact that gender socialization ideology put influence on our daily life in the form of texts and institutions. That is to say, the act or the procedure itself is the product of masculine centered value system. To find out if the Act for Gender Equality in Education provides an effective, justice method to deal with the problem. The thesis collected and analyzed the research data with the approach of Institutional Ethnography. The collection of research data includes text analysis, such as the Act for gender equality in education, the document of grievance procedure and interview with the victims of sexual harassments on campus, and lawyers. As the result showed, although the act provide a legislative grievance procedure, the grievance procedure itself faces those difficulties such as: (1)Because of gender socialization, the victims would deny the experience of being harassed, instead of bring up formal complaints. (2) The construct and design of the gender equality commit is not proper, thus the commit can’t work as well as we expect.(3)There is not a standardized procedure of the act and so forth. For those reason, the grievance procedure of sexual harassments on campus can’t protect people on campus from being harassed. The thesis tried to point out those shortages, provide some amendments, and propose a new procedure.

碩士
國立臺灣大學
社會工作學研究所
105
The study, in using the example of Taichung City’s experience, aimed to explore how the prevention network for the Sexual Harassment to collaborate in grievance procedure of Sexual Harassment Prevention Act, and how to be more effective in order to protect the rights of the victims. This study used the “purposeful sampling” and “snowball sampling” of qualitative research methods, and Participants include victims of sexual harassment, policemen, the member of the defendant''s organization, social workers and members of the Sexual Harassment Prevention Committee. Focusing on the experience and expectation of victims of sexual harassment in grievance procedure, and the staff of prevention network how to handling the grievance of sexual harassment, and their cognitive, attitudes, and expectations of collaboration with the prevention. Study results indicate: the weak awareness of sexual harassment prevention make the staff of prevention network and their organizations overlook the importance of work, and the current grievance process makes the lack of protection for victims, so there is an urgent need to simplify the grievance process and to adjust the role functions of the network organizations, for example: the defendant''s organization should construct a safe and friendly working environment ; the polices only receive the grievance, collect evidenceion and preliminarily evaluate; the Sexual Harassment Prevention Committee conduct investigation and the results. The most important of all, the network members should strengthen the implementation of services for the victims. Besides, lack of defendant''s treatment program is a big threat for the personal safety of the victims Based on the above finding, this study suggests the following: to enhance sexual harassment prevention consciousness of the prevention network members and strengthen professional knowledge; review and adjust the current handling mechanism and the role and function of the prevention network members, and promote the defendant''s treatment program, reduce the defendants repeat rate.

碩士
國立成功大學
法律學系
103
SUMMARY There are many formal dispute resolution mechanisms to resolve the same dispute of gender equality between parties in Taiwan. However, the implementation status of formal dispute resolution mechanisms does not work well. Consequently, it is worth studying the effectiveness of dispute resolution mechanisms of gender equality in the workplace. I used the reorganized materials from Chinese Law Books, journal papers, dissertation to construct the dispute resolution mechanisms of gender equality in the workplace. And then I analyzed the parallelism and effectiveness of them. After that, I introduced the dispute resolution mechanisms of gender equality of American and Japan, and compared them with Taiwan’s. According to the comparison, I proposed several suggestions to the revise the design or the implementation of dispute resolution mechanisms of gender equality. In the study, I found the administrative complaint results had good effects on preventing dispute of gender equality in the workplace, and we could use it to eliminate the discriminatory treatment indirectly. In terms of the grievance procedure and legal remedy, the protections of rights and the selections of public sector are inferior to private sector. In conclusion, I thought the grievance procedure and legal remedy rules of Act of Gender Equality in Employment is the relatively good choice for resolving dispute of gender equality. However, its greatest weakness is we could not use administrative complaint procedure to eliminate the discriminatory treatment directly and file a damage for parties. Keywords：Gender Discrimination, The Grievance Procedure and Legal Remedy of Act of Gender Equality in Employment, The Dispute Resolution Mechanisms of Gender Equality in the Workplace, Effectiveness, The Integration of Dispute Resolution Mechanisms. INTRODUCTION There are many formal dispute resolution mechanisms to resolve the same dispute of gender equality between parties in Taiwan. The grievance procedure and legal remedy rules of Act of Gender Equality in Employment is designed for resolve the disputes of gender discrimination, sexual harassment, and the violation of measures for promoting equality in employment. However, the implementation status of formal dispute resolution mechanisms does not work well. In Taiwan, parties would rather file a complaint to congressmen or congresswomen than file a grievance to formal dispute resolution mechanism. Therefore, it seems that some problems exists in the design or in the implementation of dispute resolution mechanisms of gender equality. Consequently, it is worth studying the effectiveness of dispute resolution mechanisms of gender equality in the workplace. In the study, I reorganized the materials from Chinese Law Books, official statistics, official legislative information, research project paper, journal papers, dissertation, court judgment, administrative complaint result letters from Committee on Gender Equality in Employment of the Central Competent Authority, and administrative appeal result letters from Ministry of Labor. And then I used the materials to construct the dispute resolution mechanisms of gender equality in the workplace, and analyzed the parallelism and effectiveness of dispute resolution mechanisms of gender equality in the workplace. Afterward, I compared American and Japan dispute resolution mechanisms of gender equality with Taiwan’s, and then proposed several suggestions to revise the design or the implementation of dispute resolution mechanisms of gender equality. In conclusion, I found the administrative complaint results had good effects on preventing dispute of gender equality in the workplace, and we could use it to eliminate the discriminatory treatment indirectly. But it could not eliminate the discriminatory treatment directly and file a damage for parties. In terms of the grievance procedure and legal remedy, the protections of rights and the selections of public sector is inferior to private sector. MATERIALS AND METHODS In the study, I used the deductive and inductive method, comparative analysis, and interdisciplinary approach. In my opinion, the best dispute resolution mechanism of gender equality is efficient and economical. Hence, in terms of the benchmark for evaluating the effectiveness of dispute resolution mechanisms of gender equality in the workplace, I proposed three pointers to evaluate the effectiveness of dispute resolution mechanisms of gender equality in the workplace. Three pointers are “ time complexity of dispute resolution procedure”,“ the elimination of discriminatory treatment”, and “the claim of compensation”. Time complexity of dispute resolution procedure represents the maximum time of using the dispute resolution mechanism in theory. If the time complexity is worse, it means the procedure’s efficiency is the lower. The elimination of discriminatory treatment and the claim of compensation means whether the dispute can be resolved once and for all. In terms of the data of time complexity, it is the duration of different dispute resolution mechanisms of gender equality in the workplace, the regulations of the court, and the data of the elimination of discriminatory treatment and the claim of compensation is court judgment, administrative complaint result letters from Committee on Gender Equality in Employment of the Central Competent Authority, and administrative appeal result letters from Ministry of Labor. RESULTS AND DISCUSSION In the study, I found the administrative complaint results had good effects on preventing dispute of gender equality in the workplace, and eliminated the discriminatory treatment indirectly. In the aspect of gender discrimination and sexual harassment, if the parties tended to eliminate the discriminatory treatment directly and file a damage, they should use administrative complaint procedure and settlement of labor management disputes procedure or Civil Remedy simultaneously. In the aspect of violation of measures for promoting equality in employment, it is good for only using administrative complaint procedure or settlement of labor management disputes procedure to deal with the dispute. Because the disputes of violation of measures for promoting equality in employment is relatively easy. In terms of the grievance procedure and legal remedy, the protections of rights and the selections of public sector are inferior to private sector. CONCLUSION In conclusion, I thought the grievance procedure and legal remedy rules of Act of Gender Equality in Employment is the relatively good choice for resolving the disputes of gender equality. However, its greatest weakness is we could not use administrative complaint procedure to eliminate the discriminatory treatment directly and file a damage for parties. Therefore, for completing the dispute resolution mechanisms of gender equality in the workplace, I proposed several suggestions to revise the design or the implementation of the grievance procedure and legal remedy of Act of Gender Equality in Employment, and integrated the grievance procedure and legal remedy with other dispute resolution mechanisms of gender equality in the workplace.