Dissertations / Theses on the topic 'Labor contract – South Africa – Evaluation'

The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.

In terms of the common law contract of employment an employee who is a party to a fixed term contract, unlike an indefinite period contract, cannot be dismissed. The contract terminates upon an agreed or ascertainable date determined by the parties and the conclusion of the contract. Section 186(1)(b) of the Labour Relations Act 1995, however, defines the failure to renew a fixed term contract on the same or similar terms where the employee reasonably expected the contract to be renewed, as a dismissal. In this treatise the scope and content of this provision is considered with reference to relevant case law. The factors and considerations that establish a reasonable expectation are highlighted and considered. The question as to whether or not this provision also provides for the situation where an employee expects indefinite employment is also considered and critically discussed. The author concludes that the provision should not be interpreted in such a manner that an expectation of permanent employment is created.

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.

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

Clauses in restraint of trade agreements concluded between an employer and an employee often present difficult legal issues to deal with. This complexity is due to the fact that a court, in deciding whether to enforce a restraint provision, has to strike a balance between two equal but competing policy considerations, namely, the sanctity of the contract and the freedom of movement of people in a market economy. In striving to balance the sanctity of contract with the right of freedom to trade, it is necessary to decide which of these two policy considerations should take precedence by having regard to the public interest served by them in the particular circumstances. In the watershed case of Magna Alloys and Research(SA)(Pty) Ltd v Ellis, the Appellate Division decided the sanctity of contract had greater precedent in South African law and that undertakings in restraint of trade were prima facie valid and enforceable, unless the party seeking to avoid its obligations could show that the restraint of trade was contrary to public interest. The second consideration, namely that a person should be free to engage in useful economic activity and to contribute to the welfare of society, tempers the sanctity of contract considerations. Accordingly, the courts have struck down any unreasonable restriction on the freedom to trade where it was regarded as contrary to public interest. In considering the reasonableness and therefore the acceptability of restraint of trade provisions from a public policy perspective, the following five questions need consideration: Is there a legitimate interest of the employer that deserves protection at the termination of the employment agreement? If so, is that legitimate interest being prejudiced by the employee? If the legitimate interest is being prejudiced, does the interest of the employer weigh up, both qualitatively and quantitatively against the interest of the employee not to be economically inactive and unproductive? Is there another facet of public policy having nothing to do with the relationship between the parties but requires that the restraint should either be enforced or rejected? Is the ambit of the restraint of trade in respect of nature, area and duration justifiably necessary to protect the interests of the employer? In enforcing a restraint, the court will consider all the facts of the matter as at the time that the party is seeking to enforce the restraint. If a court finds that the right of the party to be economically active and productive surpasses the interest of the party attempting to enforce the restraint, the court will hold that such restraint is unreasonable and unenforceable. Consideration of the enforceability of restraints is often found to be challenging in view of the answers to the above stated five questions often remaining of a factual nature and subjective, i.e. the view and perceptions of the presiding officer play an important role. A further complexity is the limited early effect which the Constitution of the Republic of South Africa had on dispute resolution pertaining to restraints of trade in the employment context and the prospects of imminent changes to the pre-Constitutional era locus classicus of Magna Alloys and Research (SA)(Pty) Ltd v Ellis.

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.

Fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. Under the common law, if an employee did that, the employer would be entitled to dismiss him or her on notice. The International Labour Organization Convention (ILO) 158 of 1982 provides that the employer must have a reason for a dismissal and sets out broad categories or reasons for dismissals . Section 23 of the Constitution of the Republic of South Africa, 1996(Act 108 of 1998) provides that “Everyone has the right to fair labour practices”. Section 33 of the Constitution provides that “Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) is designed to give effect to just administrative action. Section 1 and 3 of the Labour Relations Act,1995(Act 66 of 1995)(LRA) require compliance with Article 7 and 8 of the ILO Convention 158 of 1982, when the employment of a worker has been terminated by his or her employer. The LRA protects employees against unfair dismissal. In the Department of Education, Section 14(1)(a) of the Employment of Educators Act, 1998 provides for the discharge of an educator in the event that he or she absents himself or herself from work for a period exceeding 14 consecutive days without the permission of the employer. A similar provision, Section 17(5)(a)(i) of the Public Service Act, 1994 provides for the discharge of an officer other than an educator who absents himself or herself from his or her official duties without the permission of the Head of Department for a period exceeding one calendar month. Section 14(2) of the Employment of Educators Act, 1998 and 17(5)(b) of the Public Service Act,1994 afford an employee who has been deemed discharged to show good cause why he or she should be reinstated. Against this background, the critical legal question is the constitutionality of the deeming provisions. The study will examine the validity of these provisions in relation to the ILO Conventions, Constitution, LRA and PAJA.

This paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C). Issues surrounding Temporary Employment Services and fixed-term employees have been very divisive and have been the topics of heated debate at all levels of Industrial Relations for a long time. Discussions regarding the use of the services of Temporary Employment Services can be highly emotive, with Temporary Employment Services being accused of committing wideThis paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C).

The burden that South African labour law has to bear in relation to the economy is very heavy by international standards. In most industrially developed countries, the economy is strong enough either to provide jobs for most work-seekers or, failing that, an adequate social security system for households without breadwinners in place. In most developing countries with high unemployment rates, the labour law system makes only perfunctory effort to reach out to those facing economic marginalisation. South Africa, essentially a developing country, is not like that. The legal system is strong, works off a firm human rights base, and sets out to grapple with the issues. That is how it should be, but it comes at a price – an oftengraphic exposure of the limits of the law in a stressed society. Businesses operate for profit and survival according to the unsentimental ways of the market, and employees back in a bid to save jobs, lifestyles and livelihoods. The stakeholders use power when they have it, and make claims on the law when they don’t. The legislation and the case law reflect, add to and, to a degree, shape the complexities of these contests, and no more so than in the area of business restructuring.1 The new South Africa has quickly become the destination for foreign investment. The weakness of the rand against the dollar, pound, euro and with the “cost to sell and produce” being so low against these currencies, players on the corporate stage constantly change their make-up and composition. The larger engulfs the smaller, one company buys shares in another, or buys it out entirely, or all or part of its assets, and others are liquidated. In all these situations, employees in South Africa may find themselves with new bosses on the morning after. Under common law employees in this situation were deemed to have been discharged by the former employer, whether or not they have been offered positions in the transformed structure. If they did not want to work under it, they could not be forced to do so. That was because an employment contract was deemed in law to be one of a personal nature that could not be transferred from one employer to another without the employees consent. This research is conducted at an interesting time, when the amendments to the Labour Relations Act 66 of 1995 in respect of the transfer of a business, and in particular section 197, dealing with such matters comes into effect. It is also interesting in the sense that most judgements of the Commission for Conciliation, Mediation and Arbitration (CCMA) and judgements of the Labour Court were moving more or less to a common approach or interpretation of section 197 of the Labour Relations Act 66 of 1995 (hereinafter “the LRA”). Section 197 of the LRA sought to regulate the transfer of a business as a going concern and altered the common law regarding the transfer of a business in two situations – firstly when there is no insolvency, factual or legal, concerned, and secondly in the instance where the transferor is insolvent. The first extreme was when an employer is declared insolvent and the contracts of employment terminated automatically. The second extreme was from the first whereby the employer has to terminate the services of his employees and be liable to pay severance pay in terms of section 1893 of the LRA, which has also been amended along with section 197 of the LRA. It is as if this section was introduced to remedy these extremes. These extremes will be dealt with in detail in this paper. The transfer of goodwill and assets from the seller to the buyer occurs when a business is sold as a going concern. At common law the employees of a business cannot be transferred in the same manner. The Labour Relations Act 66 of 1995 altered this position. By enacting this section the legislature wanted to protect the interest of the employees in such transactions. Whether the legislature has succeeded or not is a matter that will be dealt with in this paper. It is all dependent on the interpretation of this section by the commissioners and judges. By including section 197 in the LRA, the legislature’s intention was to resolve the common law problem where employment contract terminated upon the sale of a business, and this section was intended to be an effective tool for protecting the employment of employees. In order to understand the labour law consequences of the transfer of a business, it is important to understand the provisions of sections 197 and 197A of the Labour Relations Amendment Act 2002. This will be dealt with and each section will be discussed in detail using relevant case law and literature. In considering investing in a South African based company by way of purchasing a share of the company and giving it your own flavour, one has to carefully consider the effects of this transaction. Companies wishing to restructure, outsource, merge or transfer some of its operations will need to understand what the implications of the labour legislation will have on their commercial rationale. Section 197 regulates the employment consequences when a transfer of a business takes place. This is defined to mean the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern. Business is defined to include the whole or part of the business, trade undertaking or service. Like the current provision, the new provision referrers to the transfer of a business. It is therefore a wider concept than the sale of a business.4 No attempt is made to define what constitutes a going concern and the controversial issue of whether an outsourcing exercise can constitute a going concern transfer is also not explicitly dealt with. The fact that a business is defined to include a service may be an indication that it was intended to typify outsourcing as a going concern transfer, but this is not necessarily the case.5 The amendments to the Act6 came into effect on 1 August 2002. Sections 197 and 197(A) of the Act consequently seeks to regulate the transfer of a business. These regulations will be dealt with individually and in a format that would make each of the sections in sections 197 and 197(A), easy to understand and interpret. It will also become clear as to what the implications of each of the subsections will have on that commercial rationale. The issues highlighted above will be dealt with detail in this paper giving an overview of the Common Law, the Labour Relations Act 66 of 1995 and the new Labour Relations Amendment Act 2002.

Thesis (LLD)--Stellenbosch University, 2014.
ENGLISH ABSTRACT: This thesis examines the contractual remedy of specific performance in South African law. It looks closely and critically at the discretionary power of the courts to refuse to order specific performance. The focus is on the considerations relevant to the exercise of the judicial discretion. First, it emphasises the tension between the right and the discretion. It is argued that it is problematical for our courts to refuse to order specific performance in the exercise of their discretion. The underlying difficulty is that the discretion of the court to refuse specific performance is fundamentally in conflict with the supposed right of the plaintiff to claim specific performance. The thesis investigates the tenability of this open-ended discretionary approach to the availability of specific performance as a remedy for breach of contract. To this end, the thesis examines less complex, more streamlined approaches embodied in different international instruments. Comparison between different legal systems is also used in order to highlight particular problems in the South African approach, and to see whether a better solution may be borrowed from elsewhere. An investigation of the availability of this remedy in other legal systems and international instruments reveals that the South African approach is incoherent and unduly complex. In order to illustrate this point, the thesis examines four of the grounds on which our courts have refused to order specific performance. In the first two instances, namely, when damages provide adequate relief, and when it will be difficult for the court to oversee the execution of the order, we see that the courts gradually attach less or even no weight to these factors when deciding whether or not to order specific performance. In the third instance, namely, personal service contracts, the courts have at times been willing to grant specific performance, but have also refused it in respect of highly personal obligations, which is understandable insofar as the law wishes to avoid forced labour and sub-standard performances. The analysis of the fourth example, namely, undue hardship, demonstrates that the courts continue to take account of the interests of defendants and third parties when deciding whether or not to order specific performance. This study found that there are certain circumstances in which the courts invariably refuse to order specific performance and where the discretionary power that courts have to refuse specific performance is actually illusory. It is argued that our law relating to specific performance could be discredited if this reality is not reflected in legal doctrine. Given this prospect, possible solutions to the problem are evaluated, and an argument is made in favour of a simpler concrete approach that recognises more clearly-defined rules with regard to when specific performance should be refused in order to provide coherency and certainty in the law. This study concludes that a limited right to be awarded specific performance may be preferable to a right which is subject to an open-ended discretion to refuse it, and that an exception-based approach could provide a basis for the simplification of our law governing specific performance of contracts.
AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek die benadering tot die kontraktuele remedie van spesifieke nakoming in die Suid-Afrikaanse reg. Die diskresionêre bevoegdheid van howe om spesifieke nakoming te weier word van nader en krities aanskou. Die fokus is op die oorwegings wat ‘n rol speel by die uitoefening van die diskresie. Eerstens beklemtoon die tesis die spanning tussen die reg en die regterlike diskresie. Daar word aangevoer dat dit problematies is dat ons howe ‘n eis om spesifieke nakoming kan weier in die uitoefening van hul diskresie. Die onderliggende probleem is dat die hof se diskresie om spesifieke nakoming te weier, fundamenteel in stryd is met die sogenaamde reg van die eiser om spesifieke nakoming te eis. Die tesis ondersoek die houbaarheid van hierdie onbelemmerde diskresionêre benadering tot die beskikbaarheid van spesifieke nakoming as ‘n remedie vir kontrakbreuk. Vervolgens ondersoek die tesis die vereenvoudigde benaderings ten opsigte van spesifieke nakoming beliggaam in verskillende internasionale instrumente. Vergelyking tussen verskillende regstelsels word ook gebruik om spesifieke probleme in die Suid- Afrikaanse benadering uit te lig, en om vas te stel of daar ‘n beter oplossing van elders geleen kan word. ‘n Ondersoek van die aanwesigheid van hierdie remedie in ander regstelsels en internasionale instrumente onthul dat die Suid-Afrikaanse benadering onsamehangend en onnodig ingewikkeld is. Om hierdie punt te illustreer, ondersoek die tesis vier gronde waarop die remedie tipies geweier word. In die eerste twee gevalle, naamlik, wanneer skadevergoeding genoegsame regshulp sal verleen en wanneer dit vir die hof moeilik sal wees om toesig te hou oor die uitvoering van die bevel, sien ons dat die howe geleidelik minder of selfs geen gewig aan hierdie faktore heg wanneer hulle besluit of spesifieke nakoming toegestaan moet word nie. In die derde geval, naamlik, dienskontrakte, sien ons dat die howe bereid is om in sekere gevalle spesifieke nakoming toe te staan, maar egter nie spesifieke nakoming ten opsigte van hoogs persoonlike verpligtinge gelas nie, wat verstaanbaar is tot die mate wat ons reg dwangarbeid en swak prestasies wil vermy. Die analise van die vierde grond, naamlik, buitensporige benadeling, toon dat die howe voortgaan om die belange van die verweerder en derde partye in ag te neem wanneer hulle besluit om spesifieke nakoming te beveel. Die studie het bevind dat daar sekere omstandighede is waarin die howe nooit spesifieke nakoming toestaan nie en die diskresie eintlik afwesig is. Derhalwe word dit aangevoer dat die geldende reg wat betref spesifieke nakoming weerlê kan word indien hierdie werklikheid nie in die substantiewe reg weerspieël word nie. Gegewe die vooruitsig, word moontlike oplossings ondersoek, en ‘n argument word gemaak ten gunste van ‘n eenvoudiger konkrete benadering wat meer duidelik gedefinieerde reëls erken met betrekking tot wanneer spesifieke nakoming geweier moet word ten einde regsekerheid en eenvormigheid te bevorder. Die gevolgtrekking is dat ‘n beperkte aanspraak op spesifieke nakoming meer wenslik is as ‘n reg op spesifieke nakoming wat onderhewig is aan die hof se oorheersende diskresie om dit te weier, en dat ‘n uitsondering-gebaseerde benadering as ‘n basis kan dien vir die vereenvoudiging van ons reg rakende spesifieke nakoming.

South Africa has over the years and particularly since the enactment of our new Constitution, attracted an increasing number of foreigners. One of the main problems associated with the large number of illegal immigrants in this country is that they are placing strain on South Africa‟s already scare resources such as housing and healthcare. A further problem is that these illegal immigrants are competing with South Africans for jobs which are already scarce, and thus aggravating the unemployment situation. Nevertheless, these illegal immigrants are being employed and by virtue of their circumstances are easily exploited and often the victims of cheap labour, corruption, eviction and assault. Given that these workers are illegal immigrants not in possession of the required work permits, their employment is prohibited by the Immigration Act 13 of 2002. They are thus illegal workers. Another category of illegal workers are those, predominantly women, who are employed in an industry which offers easy income with no contractual obligations – the prostitution industry. Despite the prohibition of prostitution by the Sexual Offences Act 23 of 1957, the prostitution industry throughout South Africa continues to exist. These workers are also particularly vulnerable and easily exploited and abused by their employers. Illegal immigrants and sex workers in South Africa have until recently been denied access to the protection of our labour legislation, by virtue of the illegality of their employment contracts. However two recent controversial decisions, that of the Labour Court in the Discovery Health case, and that of the Labour Appeal Court in the Kylie case, have changed this position.

This thesis examines indentured and apprenticed labor in Cape Town between the years 1808 and 1840. Through analysis of primary material such as the South African Commercial Advertiser, the Colonist, and the Mediator, as well as contemporary travel accounts, contracts of indenture and apprenticeship, and an examination of the records of the Cape Town Magistrates, this study explores the attitudes and perceptions towards indentured and apprenticed labor by both employers and indentured and apprenticed servants.This study hopes to add to the existing literature pertaining to nineteenth-century Cape Colony labor. This thesis commences with an examination of the different indenture and apprenticeship systems which existed in Cape Town between the years 1808 and 1840. It explores the issue of how employers and the government sought to maintain a constant supply of labor in the city as the prominence of urban slavery declined. It also discusses the important issue of how employers defined the terms apprentice and indenture. Chapter two explores the topic of child apprenticeship in Cape Town between the years 1812 to 1840, and illustrates that the notion of child apprenticeship was understood in different ways between employers and parents of apprenticed children. Chapter three investigates the stereotypes Cape Town's English speaking employers held towards the city's indentured and apprenticed laborers. The final chapter explores the question of status and incorporation into Cape Town society for the city's indentured and apprenticed laborers, and demonstrates that laborers did not enjoy equal status to the city's slaves.

The establishing of good cause subsequent to a deemed dismissal, as practiced currently only in the public sector, has been a controversial issue for the courts, labour law commentators and academics alike. It has been so because of a number of legislative deficiencies which caused the inconsistent application of the deeming provisions across the public service. Amongst others, the legislative deficiencies regarding establishing good cause are; the time-limit for establishing good cause, what happens when the employee returns, whether establishing of good cause should be entertained through written response or a hearing, the Termination of Employment Convention, 1982(No. 158) is silent on the deeming provisions, review of the employer’s discretion not to reinstate the absconding employee and the legal position regarding the traditional healer’s certificate. There will be an intensive investigation on the validity of the traditional healer’s certificate. Majority of South Africans rely on the THP for a number of illnesses. In some cases, they use the traditional healer’s certificate to establish good cause subsequent to a deemed dismissal. The traditional healer’s certificate is not yet valid given the pending legislative processes. This issue will be broadly explored in order to uncover the causes for the delay in finalising this crucial issue. Most of the absconding employees have a problem of alcoholism. There is a causal relationship between deemed dismissal and alcoholism. It is again the intention of this study to fully investigate this phenomenon and provide solutions for the employers faced with this challenge. Practical solutions will be proposed for each identified legislative deficiency and any related challenge to help employers to manage the deeming provisions in a very effective and efficient manner.

This treatise will therefore critically discuss fairness requirements in dismissal law within the context of the education sector from: i) the perspective of a dismissed employee; and ii) the perspective of an employer who wishes to dismiss employees fairly; and iii) the perspective of a deemed dismissal. It will be proper to flow this discussion from the premises of what should be considered procedural and substantive fairness in dismissals.

Access to finance is an essential factor in the agricultural value chain and enables participants to purchase essential inputs and infrastructure (e.g. machinery and land) necessary for the production process, grading, processing, packaging and distribution of their produce. Finance is also required where there are specific regulatory requirements (such as licencing and certification) to which a participant must adhere, and these may differ from commodity to commodity. With this in mind, it is clear that any farming enterprise that wishes to enter and participate in the agricultural sector will need access to finance to compete effectively. The study examines the financial needs and challenges faced by contract farmers in achieving transformation in the agricultural sector in South Africa. In line with the number of interviews conducted in other qualitative studies, a sample of eight contract farmers from Gauteng, North West, Mpumalanga, KwaZulu-Natal and Free State provinces of South Africa were chosen for the interviews. The study finds that purchase of land, farming infrastructure, farming equipment, working capital for agricultural inputs, and funds for environmental impact assessments are the prevalent financial needs of the sampled contract farmers. Most importantly, the study further documents evidence that business and financial understanding, lack of capital, insufficient collateral, the lending criteria and policies of financial institutions and rigid and non-inclusive products are the major challenges faced by black contract farmers in raising funds to meet their financial needs and their contractual obligations to their sponsors. The study recommends ways in which the farmers believe they could be part of the solution in financially assisting new and emerging farmers and creating a transformed agricultural sector in the country. Farmers believe that this requires a concerted effort by all the stakeholders to close the existing gaps in the current financial mechanisms used to finance farmers in South Africa. It is important that the critical stakeholders (government, development financial institutions and other financial institutions, farmers and their organisations, sponsors and agroprocessors) work closely together so that more can be achieved in the least possible time period. The role of each of the above stakeholders is discussed in the recommendations chapter.

Thesis (MPhil)--Stellenbosch University, 2000.
ENGLISH ABSTRACT: The research problem of this study is "The use of prison labour in die Western Cape agriculture". The aim of this qualitative-historical study was to determine how this system of labour was established, functioned and eventually came to an end. To research this topic was not easy. Most of the documentary sources have been destroyed. Therefore, the main source of information were interviews with the relevant prison wardens and guards, as well as farmers who used prison labour in the past. Prison labour played only a small part in the penal system of the Cape Colony before the nineteenth century. The focus of punishment was on the body of the criminal - inflicting physical pain. Since the early 1800's prisoners were used for the maintenance of roads and on work in Governmental gardens. Prisoners were rented ' . out to farmers, on an informal basis, since 1806. A formal system of prison labour, based on the principle of rehabilitating punishment, was introduced by the Governor John Montagu in 1843. For example, prisoners were classified according to their behavior, rather than their crimes. In 1888 free prison labour was abolished and a standard wage was introduced. The use of prison labour by private persons increased systematically after the Second World War. The reason for this was a growing labour shortage in especially agriculture. The system of farm prisons or so-called "outposts" was established to address this problem. In 194 7 the Landsdown Commission accepted the principle of farm prisons. The first farm prison was opened in 1953. The establishment of these outposts had a twofold aim: firstly, it supplied farmers with a constant source of labour. Secondly, it served as a deliverance for the state, as this would relieve the overcrowding in prisons and reduce costs. Between 1953 and 1988 a_total of thirteen outposts were established in the Western Cape. Farmers' unions carried the costs of building the prisons and were also responsible for their maintenance. The Department of Prisons was responsible for the appointment of prisonguards and their remuneration. A Central Outpost Committee was established that served as a link between the various farmers' unions and the Department. South Africa's policy on prison labour was in line with the United Nations' "Standard Minimum Rules" for the treatment of prisoners, having rehabilitation as main objective. However, this system of farm prisons clashed with the international trade ethos of the time. It was seen as "slave labour" that gave South African farmers an unfair competitive advantage. In 1988 prison labour was terminated and outposts were closed, due to the threat of sanctions and boycotts of South African agricultural products. The empirical evidence of this study largely supports the Marxist interpretation of punishment in society. According to Ma.rXism, punishment systems and prison labour serve the economic interests of the dominant classes. At the same time it also gives credence to the Weberian interpretation, in which the systematic monitoring and treatment of prisoners are a manifestation of the tendency towards increasing rationalisation in Western society.
AFRIKAANSE OPSOMMING: Die navorsingsprobleem van hierdie studie is "Die gebruik van gevangene arbeid in die Wes-Kaapse landbou". Die doel van hierdie kwalitatief-historiese ondersoek was om vas te stel hoe hierdie sisteem van arbeid ontstaan, gefunksioneer en tot 'n einde gekom het. Navorsing van hierdie onderwerp was nie maklik nie. Die meeste dokumentere bronne was reeds vemietig. Gevolglik moes hoofsaaklik staatgemaak word op onderhoude met hoofde en bewaarders van gevangenisse, asook boere wat destyds van gevangene arbeid gebruik gemaak het. Gevangene arbeid het 'n relatief klein rol gespeel in die strafstelsel van die Kaapkolonie voor die negentiende eeu. Die klem van straf was op die liggaam van die beskuldigde - die toepassing van fisiese pyn. Vanaf die vroee 1800's 1s gevangenes egter gebruik vir die instandhouding van strate en vir werk m Regeringstuine. V anaf 1806 is gevangenes ook op informele basis aan boere uitgehuur. 'n Formele stelsel van gevangene arbeid, gebasseer op die beginsel van rehabiliterende straf, is in 1843 deur die destydse Goeweneur John Montagu ingestel. Gevangenes is byvoorbeeld geklassifiseer volgens hul optrede, eerder as hul misdaad. In 1888 is gratis gevangene arbeid afgeskaf en voorsiening is gemaak vir 'n standaard loon. Na die Tweede Wereldoorlog het die gebruik van gevangene arbeid deur privaat persone sistematies toegeneem. Die rede hiervoor was 'n groeiende arbeidstekort in veral die landbou. Laasgenoemde is hoofsaaklik aangespreek deur die stelsel van plaastronke of sogenaamde "buiteposte". In 194 7 het die Landsdown Kommissie plaastronke in beginsel goedgekeur. Die eerste plaastronk, of "buitepos" soos daarna verwys is, is in 1953 geopen. Die oprigting van buiteposte het 'n tweeledige doel gehad: eerstens, het dit vir boere'n konstante voorraad van arbeid te verskaf. Tweedens was dit vir die staat 'n uitkoms, aangesien dit die oorbevolking in stedelike tronke sou verlig en kostes sou besnoei. Daarbenewens sou hierdie nuwe stelsel hydra tot die rehabilitasie van korter-termyn gevangenes. Tussen 1953 en 1988 het daar altesame dertien buiteposte in die Wes-Kaap bestaan. Boereverenigings het die oprigtingskoste van die onderskeie tronke gedra. Hierbenewens moes hulle ook ondemeem om die tronke te onderhou, terwyl die Departement van Gevangenisse verantwoordelik was vir die beskikbaarstelling van bewaarders en hul vergoeding. 'n Sentrale Buiteposkomitee is gestig wat as skakel gedien het tussen die betrokke boereverenigings en die Departement. Suid-Afrika se beleid rakende gevangene arbeid was in pas met die Verenigde Nasies se "Standaard Minimum Reels" vir die behandeling van gevangenes, met rehabilitasie as sentrale motief. Die stelsel van plaastronke het egter ingedruis teen die intemasionale handels-etos van die tyd en is as "slawe arbeid" gesien wat vir SuidAfrikaanse boere 'n onregverdige mededingende voordeel gegee het. Uit vrese vir sanksies en boikotte van Suid-Afrikaanse landbou produkte, is gevangene arbeid gestaak en buiteposte teen die einde van 1988 gesluit. Die empiriese getuienis van hierdie ondersoek staaf in 'n groot mate die Marxistiese interpretasie van straf in die samelewing. Hiervolgens dien strafstelsels en gevangene arbeid die ekonomiese belange van die dominante klasse. Terselfdertyd steun dit die Weberiaanse interpretasie waarvolgens die sistematiese monitering en behandeling van gevangenes in tronke 'n manifestasie 1s van die tendens tot toenemende rasionalisasie in die Westerse samelewing.

Thesis (MTech (Human Resource Management))--Cape Peninsula University of Technology, 2011
As global and national markets become more competitive, businesses are forced to become more adaptable and the public service is by no means exempt from this phenomenon. Owing to a dynamic and ever-changing work environment, it is necessary for public servant employees to continuously update their knowledge and skills. However, in most organisations, the impact of training and development programmes are undermined. The value placed on increasing knowledge and skills is limited to attending a training programme. As a result, the newly acquired information and competencies are very seldom transferred from the classroom to the workplace and without a definite increase in performance and in service delivery; the contribution of actual learning is questionable. This research study therefore uses the Integrated Integrated Human Resource Administration and Persal (IHRAP) Programme (presented by the Western Cape Provincial Training Institute) to gauge the importance of post training evaluation and the benefits that can be derived from it, both for the department and the employee. In addition, the study evaluates whether the participants of the training programme are able to apply concepts and techniques learned in the classroom. It focuses specifically on human resource employees employed within the Provincial Government of the Western Cape, who is responsible for performing a number of different human resource functions. A survey was conducted amongst the participants of the IHRAP programme using a research questionnaire. After the results of the survey were collected and analysed, the researcher was able to determine where there were gaps in the post training evaluation process. Several recommendations are made to bridge these gaps and in doing so, enable the training programme to have a greater impact on the participants and in the workplace. In addition to evaluating the IHRAP programme, the need for continuous improvement in skills will always be essential, but departments must create the opportunities for participants to exercise these acquired skills effectively.

The growing demand for governments and organisations to demonstrate principles of accountability, transparency and participatory decision making, which are the cornerstones of good governance, has fostered renewed efforts to transform the public service to ultimately produce tangible results and meet the needs of the beneficiaries of service delivery. Effective performance management practised across the entire organization in an integrated, iterative and sustained way that can help public service organizations overcome the challenges and deliver more with less. This study focuses on the assessment of monitoring and evaluation as the control measure to enhance organisational performance with the reference to the Eastern Cape Provincial Treasury and assess critical role in supporting performance management and also provides methodological options to support performance management. Monitoring and Evaluation (M&E) are management activities that are necessary to ensure the achievement of policy goals in the form of concrete results. The study revealed that the current M and E system is not effective in that there are no clearly defined standards of what a quarterly progress report entail, especially the portfolio of evidence and because the main problem stems from the definition of what constitutes departmental performance. In determining what needs to be done, the effectiveness suffers since we opt for mainly indicators that are “safe”, that the department are sure they can achieve and not necessarily those that will enhance organizational performance. The study revealed that each programme manager should monitor and evaluate his/her processes on a continuous basis without having to wait for M&E unit. M&E unit will then provide an objective evaluation of the process already in place and constant engagement between M&E unit and line management, feedback sessions between staff and M&E unit are essential about the achievement of targets as outlined in the APP and Operational Plan. The study further revealed that there should be continuous meetings to discuss how directorates should sufficiently report on their quarterly targets to avoid inadequate reported information and the department must go step by step in performing activities towards achieving a set vision and on way to the vision, not forgetting to take away risks that may take us to another direction that was not intended as per our vision. The study thus recommends that, inter alia, the department must introduce strong mechanisms to deal with non-implementation of corrective measures regarding under performance and the poor quality of information provided in performance reports related to the performance indicators in the Annual Performance Plans.The introduction of an early warning sign system to warn all programmes when the performance of their planned indicators are not be achieved. The Top Management should continue to use the performance management information as the tool to improve the organisational performance by linking and aligning individual, team and organisational objectives and results, it also provides a means to recognise and reward good performance and to manage under-performance. However the Top Management should be able to conduct in-depth analysis into underperformance to detect whether the underperformance is related to the bad crafting of the indicators or if it relates to the work not done. The department should invest money on training of officials in M&E because it plays a critical role supporting performance management at various levels, in that it contributes to a thinking that is results oriented and also provides methodological options to support performance management. This means that all officials must be capacitated to manage M&E systems in the department that will ensure the production of accurate, objective and reliable information. The M&E unit in the department must facilitate such skills development and provide reasonable technical support where required. The training could be designed to instill a deeper understanding and knowledge of the concepts of M&E and their correct application in order to avoid misunderstandings and misinterpretations which could hinder the achievement of the desired results.

Thesis (LLM)--University of Stellenbosch, 2001.
ENGLISH ABSTRACT: Section 197 of the Labour Relations Act 66 of 1995 ensures the transfer of a contract of employment from an old employer to a new employer on the transfer of a business as a gomg concern. Although section 197 is mostly based on European and British statutes and regulations, one should not rely on foreign provisions when interpreting section 197 without careful consideration. It is only when we understand the inherent limitations of applying these provisions, that they can be of any help to formulate definitions for the terms "transfer", "business" and "going concern". The two most important effects that section 197 has, is that it ensures the transfer of the contract of employment and that it protects the terms and conditions of employment when such a transfer takes place. Unfortunately, this section does not regulate dismissal on the transfer of a business. Section 197 also does not deal satisfactorily with the transfer of contracts of employment on the transfer of an insolvent business. As a result of the above-mentioned and other shortcomings of the current section 197, it was decided to amend the Act. The Labour Relations Amendment Bill 2000 relies heavily on precedents from foreign law, but unfortunately it does not adequately address all the current problems.
AFRIKAANSE OPSOMMING: Artikel 197 van die Wet op Arbeidsverhoudinge 66 van 1995 verseker die oordrag van 'n dienskontrak van 'n ou werkgewer na 'n nuwe werkgewer by die oordrag van 'n besigheid as 'n lopende onderneming. Alhoewel artikel 197 gebaseer is op Europese en Britse wetgewing en regulasies, moet die leser versigtig wees om sulke bepalings sonder skroom aan te wend by die interpretrasie van artikel 197. Wanneer ons die inherente beperkings daarvan begryp, mag die bepalings van hulp wees om definisies te vorm van die begrippe "oordrag", "besigheid" en "lopende onderneming". Artikel 197 het hoofsaaklik twee uitwerkings: dit fasiliteer die oordrag van die dienskontrak en verseker dat die terme en voorwaardes van indiensneming onveranderd bly. Die artikel reguleer nie ontslag by die oordrag van 'n besigheid nie. Artikel 197 reguleer ook nie genoegsaam die oordrag van dienskontrakte waar 'n insolvente besigheid oorgedra word nie. As gevolg van bogenoemde en ander tekortkominge is besluit om die Wet te wysig. Die Wysigingswetsontwerp op Arbeidverhoudinge 2000 steun op buitelandse presedente, maar spreek ongelukkig ook nie al die huidige probleme suksesvol aan nie.

The participation of communities and community organizations in Municipal governance is set in terms of the law as a mechanism to deepen democracy. Municipalities are required to develop a culture of governance that complements representative democracy with community participation. However the participation of communities in local governance has not translated to the strengthening of governance and the deepening of democracy as municipalities have not done enough to involve communities in municipal affaires. Lack of human resources, and financial capacity have been cited as some of the reasons that beset municipalities and undermine citizen participation. Municipalities have taken steps to encourage community participation and these include establishment of structures to enable participation, however without the guidance and financial support of the municipalities these structures are not able to perform their functions. In spite of all the efforts made by municipalities to encourage participation, a culture of community participation has not yet taken root in local government. While the legislative framework provides for communities to participate, practice shows that the implementation of legislation is complex and requires dedicated capacities within the councils to be effective. This can be achieved when municipalities develop their own community participation policies which address their special circumstances, which must be reviewed on a regular basis. Unless communities are empowered with knowledge on the available participation mechanisms, the dream of a culture of participation will remain just that, a dream. Thus civic education coupled with capacity building of officials will assist in ensuring the development of a culture of participation. Council must also develop mechanisms to evaluate the effectiveness of community participation processes and procedures, to avoid a one size fits all approach. It is imperative that councils as the legislative arm of municipalities must lead the process and not leave everything to the executive arm.

An employee wellness programme is a programme that promotes and supports the well-being of its employees and is aimed at increasing productivity. Employee Assistance Programmes (EAPs) are used as a means of ensuring employee wellness. Employee Assistance Programme can be defined as a programme aimed at improving the quality of life of employees and their families by providing support and helping to alleviate the impact of everyday work and personal problems. EAPs are intended to help employees deal with their personal problems that might adversely impact their work performance, health and well-being. The main goal of the EAP is to enhance productivity as well as social functioning of individuals.The main objective of the study as to evaluate the Employee Assistance Programmes and the impact of Workplace Wellness on employee performance in the Eastern Cape Provincial Legislature. This was triggered by the fact that Wellness and EAPs are not visible in the ECPL and the Legislature continues to lose employees due to ill-health and resignations. The institution is characterised by a culture of “us” and “them”, us, referring to Labour and them to Management, and therefore resulting in low staff morale. This raised some concern from the researcher as there is an EAP paid for by the Legislature, but awareness, utilisation and effectiveness of the programme remain a challenge. Due to the nature of the institution’s core business, it is perhaps even more vital for the Legislature to create an organisational culture of caring and employees to be nurtured. It is believed that it is more cost effective and beneficial to both the employer and the employee to retain trained employees, than it is to lose troubled employees and hire new ones, in particular because there is no guarantee that the new ones will not, in time also show signs of problems. The researcher used applied research in this study to explore the need for the EAP as well as how best the programme can be implemented. A combination of an explanatory-descriptive design was used for this study because little is known about the phenomenon or programme. For this research, the researcher used a combination of interval/systematic and random sampling to complement each other in reducing any bias that has the potential of occurring when applying interval/systematic sampling. To get representation and precision, the researcher divided 285 employees according to their ranks. The results from this attempt were: Secretariat=25, Management=42, Administrative staff=196, General Workers=33 NEHAWU Shopstewards=10. The researcher then divided employees in each respective category by one tenth or 10% of each category to get the number of respondents from each category to be included in the sample and added up all categories to get the sample size. The sample of this study was thus, Secretariat=1, Management=4, Administrative staff=20, General workers=3 and NEHAWU Shopstewards=1 and made up a sample size of 29. Only one questionnaire was compiled for all the respondents because EAP recognise that employees start from the CEO of a company to the lowest paid employee in that company and, as such considers all employees to be equal. Research results indicated that there are some limitations in the utilisation of EAP and that employees are faced with both personal and work-related problems. Thus it became clear that the whole concept of Employee Wellness and Employee Assistance Programmes needed to be overhauled and restructured to ensure maximum benefit.

The de-industrialisation process that was a common feature of North America and Western Europe in the 1970s, through into the 1980s has become an observable feature in African countries and South Africa in particular in the last two decades. Globally, hard hit areas include those associated with the early Industrial Revolution characterised by mass production and the agglomeration of iron and steel, coal and textile industries. General changes in the global market, especially the falling demand for extractive heavy minerals like coal and gold have also affected many countries region and localities. In the case of South Mrica, the previous high economic dependence on mined minerals like coal and gold has resulted in many once prosperous mining regions of the country being reduced to a shadow of their former selves. The worst affected areas in South Africa are those of the Klerksdorp Goldfields in the North West Province and Free State Goldfields, with the latter alone losing 100,000 jobs during the 1990s. This trend has also been acute in the coal-mining industry of the KwaZulu-Natal province since the late 1970s. The firms that had grown in the shadow of the major mining company supplyipg machinery, or who processed the semi-manufactured product are also severely affected by the closing down and restructuring in the mining and iron industries. These industries have often been forced to close down because of a break in the vital connections they developed with these mining industries. Such localised economic crisis has encouraged the universal trend towards the devolution of developmental responsibilities to the local governments and other local stakeholders to - empower them to respond to these changes. This study investigated the local economic initiatives which have been undertaken in the three municipalities of north-western KwaZulu Natal i.e. Utrecht, Dundee and Dannhauser to respond to the closures which have taken place in the mining industry of this region, which used to be among the most prosperous coal mining regions of South Africa. Using their new developmental mandate the local governments, in partnership with the communities and other external interveners have tried to respond to these localised economic crisis and also indirectly to the general poverty and underdevelopment, which characterises this region of KwaZulu-Natal. The effects of apartheid policies, and previous discriminatory rural development policies in, particular, and the Regional Industrial Development policy, which was intensively applied in the 1980s by the pre-1994 government regime, have further compounded the magnitude of the challenge. The lack of capacity in some municipalities has constrained successful implementation of Local Economic Development has led to some communities acting alone to face their situation with or without external intervention.

Performance management systems help align individual goals and objectives with those of the organisation. The system engages employees and thereby directs them toward achieving the strategic goals of the organisation. The purpose of this research study was to conduct a critical evaluation on the management and implementation of Performance management and development System in the Department of Local Government and Traditional Affairs. Despite the importance of performance management, most organisations find it difficult to implement, manage and sustain performance management systems and processes effectively. It is therefore crucial to ensure adequate planning, evaluation and training is done that will support a sustainable process. Given the strategic role played by the SMS, especially the management of Performance Agreements in the realization of government programmes, it is important that departmental officials make efforts to ensure compliance with its provisions. This study has shown that officials have not been accurate enough in their implementation of the PMDS. The study reveals that there is no staff development programme in place that would help develop staff members to grow in the different fields of their jobs. This is a sound reason why staff responded that they are not happy with the current system. It would appear that management does not devote a great deal of time to staff development. The focus of the PMDS needs to be changed from an output-focused system to a management development system, where there is an increased focus on the development of competencies, compared to the current focus on rewarding only output.

Thesis (MBA)-- Stellenbosch University, 1998.
ENGLISH ABSTRACT: The Labour Relations Act No 66 of 1995 reflects the efforts of government. business and labour at restoring an environment conducive to workplace harmony. productivity, and minimal work disruptions. This statute. and in particular its reference to workplace forums, provides the basis for this study project, which critically evaluates the establishment of workplace forums and whether these forums will be adopted by business and in particular, labour. Theories relating to worker participation are examined. This paper recalls worker participation and co-determination models as found in Germany. It identifies the establishment and reviews the functioning of these worker participation models. The Labour Relations Act relating to workplace forums IS discussed In detail. It IS compared with the German system of participation. The writer concludes that the German system differs materially from the South African system on key points. The distinct differences that emerge between Germany and South Africa in the structuring of worker participation highlight the impact of social, political and economic factors on the eventual introduction of worker participation at the workplace. Likewise, the background and factors leading to the introduction of workplace forums differ. The German industrial relations system is more developed. Workplace forums are characteristic of a developed country such as Germany. In a developing country such as South Africa, trade unions still play a dominant role in the workplace. Here the establishment of a workplace forum is subject to the power of the union. Accordingly it is unlikely that workplace forums will enjoy much support or success in terms of the present Labour Relations Act. The writer examines the attitudes of capital and labour towards the establishment of workplace forums. and suggests reasons why it is unlikely that trade unions would apply for the establishment of workplace forums. He continues to explain why, in its present format, the concept of 'workplace forums is unacceptable to organised labour and has no chance of being implemented.
AFRIKAANSE OPSOMMING: Hierdie werkstuk handel oor die Wet op Arbeidsverhoudinge, wet 66 van 1995 en veral oor die instelling van werkplekforums. Teorie rondom die beginsel van werker deelname word bespreek. Daar word ondersoek ingestel oor hoe hierdie konsep in Duitsland onstaan het en hoe dit daar toegepas word. Die Suid Afrikaanse proses en onwikkeling van werker deelname in geheel asook deelname in besluitneming word besoek om te kyk of die bepalinge van die nuwe apartheidswet aanvaarbaar vir die plaaslike arbeidsmag is. Die bepalinge van die arbeidswet asook die grondwet aangaande werkpleksforums word in detail bespreek. Dit word gekontrasteer met die Duitse stelsel van deelname. So word daar ook gekyk na die rol van vakbonde in die verhand. Die skywer kom tot die slotsom dat die Duite stelsel op belangrike aspekte van die Suid-Afrikaanse model verskil. So ook verskil die agtergrond en omstandighede wat aanleiding gee tot die instelling van werkpleksforums. Die nywerheidsverhouding stelsel is meer gevordered in Duitsland. Werkpleksforums is 'n kenmerk van 'n onwikkelde land soos Duitsland. In 'n ontwikkelende land soos Suid Afrika speel die vakbonde nog 'n prominente rol in alle aspekte van die werkplek, dus is werkpleksforums onderworpe aan die mag van vakbonde en is dit onwaarskynlik dat werksplekforums ingevolge die nuwe aarbeidswet veeI steun of sukses sal geniet.
Centre for Science Development (HSRC)

The current South African legislative framework does not properly address the unequal bargaining position between employers and fixed term employees. Ineffective regulation of fixed term employment in South Africa has had the effect of excluding certain groups of fixed term employees from claiming the remedies provided in terms of the Labour Relations Act and other labour legislation. Furthermore, where remedies are applicable to them they are often ineffectual. Interpretational variation evident from case law pertaining to the enforcement of the rights of fixed term employees, indicate clear lacunae in the unfair dismissal protection afforded to these vulnerable employees. This is mainly a consequence of uncertainties related to the interpretation of the legislative provisions. The infusion of the values entrenched in the Constitution of the Republic of South Africa and the development of the common law to reflect these values might augment the scope and availability of rights enjoyed by fixed term employees. But, changing socio-economic and political circumstances necessitates review and amendment of the legislation applicable to fixed term employees to meet the country’s constitutional and international obligations. Proposed amendments to the Labour Relations Act have been tabled. These amendments may be capable of addressing some of the current problems. However, they may also lead to other undesirable consequences. An investigation into problems related to the application of similar provisions as those proposed by the Labour Relations Amendment Bill in other jurisdictions crystallises some possible causes for concern. Some of the proposed changes could create new vulnerabilities, or renew old ones.
Private Law
LL. D.

The current South African legislative framework does not properly address the unequal bargaining position between employers and fixed term employees. Ineffective regulation of fixed term employment in South Africa has had the effect of excluding certain groups of fixed term employees from claiming the remedies provided in terms of the Labour Relations Act and other labour legislation. Furthermore, where remedies are applicable to them they are often ineffectual. Interpretational variation evident from case law pertaining to the enforcement of the rights of fixed term employees, indicate clear lacunae in the unfair dismissal protection afforded to these vulnerable employees. This is mainly a consequence of uncertainties related to the interpretation of the legislative provisions. The infusion of the values entrenched in the Constitution of the Republic of South Africa and the development of the common law to reflect these values might augment the scope and availability of rights enjoyed by fixed term employees. But, changing socio-economic and political circumstances necessitates review and amendment of the legislation applicable to fixed term employees to meet the country’s constitutional and international obligations. Proposed amendments to the Labour Relations Act have been tabled. These amendments may be capable of addressing some of the current problems. However, they may also lead to other undesirable consequences. An investigation into problems related to the application of similar provisions as those proposed by the Labour Relations Amendment Bill in other jurisdictions crystallises some possible causes for concern. Some of the proposed changes could create new vulnerabilities, or renew old ones.
Private Law
LLD

LL.M. (International Commercial Law)
“It is in this very context of employment relationships which have a cross-border dimension that conflict of law between individual legislative systems in the area of employment law raise complex questions of law. One of the consequences of this is that they often present the courts … which are called upon to determine the law applicable to an employment contract with considerable problems. Alongside the customary difficulties associated with interpreting the employment contract comes the uncertainty as to what the best approach is to determining the applicable law. These difficulties in judicial practice are on the increase as it becomes more common for workers to be posted, more EU citizens avail themselves of the freedom of movement for workers and more undertakings enter into relationships with firms overseas or operate places of business in other countries. The – temporary or indefinite – posting of large numbers of employees has become an important aspect of international economic relations, not only within the European internal market but, more generally, throughout the world. It is for that very reason that there is an urgent need for conflict of law rules which offer the contracting parties foreseeable solutions to the numerous problems that affect employment relationships...”Like Advocate General Trstenjak, South African writers are not ignorant of the complications that international contracts of employment bring. As correctly pointed out by Calitz, globalisation has resulted in many South African employees increasingly working for South African employers outside of South Africa and the determination of any disputes that may arise in these unique employment relationships requires the application of conflict of laws. This is problematic and the present author submits that there is a lacuna in South African private international law in respect of employment contracts involving a foreign element. A number of factors have contributed to this gap in South African private international law, namely the infrequency with which judges in South African courts have been called upon to determine such issues.

Thesis (M. Tech. (Labour Relations Management)--Vaal University of Technology
When the South African authorities decided, in the 1970's, to recognize statutorily other Black workers who were engaged in other spheres of employment as employees, domestic workers were excluded from all Industrial Legislation. This resulted from the fact that domestic work, as an occupation, had been excluded from the definition of an employee. It is estimated that over one million people are engaged in this service, comprising eleven percent of overall employment in the informal sector of the South African economy. This significantly large sector of the labour market performs its work under some of the most oppressive working conditions and such exploitation is unchallenged, as it has been noted that some domestic workers do not sign contracts of employment with their employers on appointment, which can lead to insecurity in the domestic worker sector. The purpose of this research was to determine the efficiency of the contract of employment and its effect on the job security of domestic workers. Through a theoretical foundation, a number of studies have advocated that the contract of employment can be trusted to be the perfect instrument in securing jobs in the domestic sector. A survey was carried out for measuring job security. The research instruments used for data collection from 203 domestic workers, were interviews and questionnaires. The SPSS program was used to analyze the data. The results of the empirical study are presented and discussed in detail. Findings of this study revealed, that the majority of domestic workers don't have contracts of employment while a very small percentage of domestic workers do have contracts. Conclusions drawn, indicated that domestic workers who have signed contracts, enjoy reasonable conditions of employment and employment benefits than those without contracts. Recommendations based on this study are that the government encourages a very strong Trade Union Movement in the domestic sector services. The Commission for Conciliation Mediation and Arbitration (CCMA) and/or the Department of Labour facilitates annual workshops for employers of domestic workers. The CCMA, Trade Unions and/or the Department of labour facilitate training programmes for domestic workers. The government makes it a binding norm, for every employer in the domestic sector, to conclude a contract of employment with his/her domestic worker and furnish such employee with a copy of the contract, regardless of the nature of services rendered by employee. Ongoing research on many aspects of domestic workers will enhance better conditions of employment in making the lawmakers aware of other hidden agendas that require attendance in the domestic sector.

Since its transition to a free and democratic society in 1994 South Africa has increasingly become part of the global community. South African goods and services flow freely across borders to other markets and likewise goods and services from outside South Africa flow into the country. The South African economy is judged according to how it competes in the global economy placing increasing pressure on South African businesses and the economy generally to be competitive. Government needs to create the economic environment in South Africa which allows businesses to be in a position to compete, by introducing appropriate economic and monetary policies. Recent policy decisions have tended to focus on price control and stability and stimulating economic growth. These policies, it is hoped, would lead to sustained economic growth and the creation of employment. One particular area of concern is government’s lack of adequate focus on unemployment in South Africa. The unemployment rate has increased since 1994 and specific labour market policies, aimed at stimulating employment creation, are required. The South African labour market is characterised by a high level of institutional regulation through labour legislation which, while protecting the rights of workers, tends to create barriers to employment creation. The issue is whether South African labour legislation is inflexible and whether that inflexibility is a hindrance to the creation of employment and the reduction of unemployment. This study seeks to explain and evaluate the role of South African labour legislation and the effect it has on employment creation and the high rate of unemployment in South Africa.
Prof. S. Chetty

In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that is conducive to job creation. The research then considers what is meant by the policy of &lsquo
regulated flexibility&rsquo
and considers how flexibility operates in practice at NBC level. It is argued that the concept of flexibility is a misnomer &ndash
since it creates more problems than it solves. The research concludes with a call for real flexibility that will allow for increased investment and a greater supply of jobs.

M.Phil. (Labour Law and Employment Relations)
South Africa has become an integral part of the ‘global village’ which is characterised inter alia, by industrial and commercial interaction, as well as by substantial competitiveness. Business organisations in South Africa should concomitantly pursue means to become more efficient and productive in order to avoid being overwhelmed by products and services from other countries at competitive prices and better quality. Some of the competitive disadvantages include cooperation in labour-employer relations, scarce skills, skills outflow, hiring and firing practices, employment rules and trade union contributions to productivity. It is also generally understood that the successful integration of these factors is dependant, almost exclusively, on effective leadership. However, it has become clear from a considerable body of scientific knowledge that organisational leaders are the agents that integrate all the forces at play in these organisations, and ultimately ensure its competitiveness, sustainability and survival. Whereas it is obvious that the Solidarity Trade Union is a unique organisation even within a business environment of active trade unionism, it is projected that the application of Hersey and Blanchard’s approach suggests that it will necessarily require a unique form or style of leadership, in order to be successful within the context of its unique strategic imperatives, whilst being a competitive trade union. The main objective of this study was to evaluate Solidarity’s current leadership styles, in order to determine whether it is effective to render the required services to its members. Hence, an evaluation of the readiness levels of Solidarity’s followers was undertaken to establish whether the current leadership styles of the executive management is in accordance with the readiness and requirements of its followers. This study therefore attempted to identify an appropriate leadership model for the evaluation of employees’ readiness within Solidarity. A combination of qualitative and quantitative research methods, known as triangulation, was used to enable the researcher to cross-check the findings and increase the validity and reliability of the findings. Face-to-face semi-structured individual interviews were conducted with respondents and a self-administered questionnaire was employed to collect data from members of the Executive Committee and National Executive of Solidarity. Documents were reviewed, as a source of secondary data, to obtain information regarding the historical background of Solidarity in terms of decisions made within the managerial structure and the nature of the organisation.

A research report submitted to the Faculty of Engineering and the Built Environment, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Science in Engineering, 2017
Productivity is an important topic within the mining industry and advances in productivity open up opportunities to make the best possible use of South Africa’s mineral wealth. The report uses publicly available data to assess trends in productivity in the SA coal mining industry since the 1980s and to compare SA’s performance with that of the US and Australia. It is found that between 1980 and 2003, productivity growth in the SA coal mining sector was primarily driven by capital deepening. However, productivity growth has been negative from 2004 onwards, despite continued capital deepening. Possible explanations include resource depletion, investment lags, deteriorating worker quality, increased complexity, more stringent safety regulations and adverse labour market conditions. The report highlights skills development and investment in innovation as possible ways of addressing declining productivity performance in the SA coal mining sector and recommends improvements to the availability of data for productivity research purposes.
CK2018

LL.M. (Labour Law)
Commentators have warned that when men are given absolute control over their fellow men, there is the danger that what appeared pragmatically desirable may become morally intolerable. The current usage of polygraph testing by employers undoubtedly confirms this. In what follows, it will be argued that there is a serious shortcoming in South African law in that there is no legislative framework that governs and regulates the use of polygraph testing in the workplace. It is fairly likely that many South African employers will at some time be faced with dishonesty or criminal activities, such as fraud or theft, without accurately being able to identify where, how, and by whom such dishonesty was committed. If dishonesty and criminal activities are not properly managed, there may be adverse ramifications. As a result, many employers have opted to insert a clause in the employment offer and employment contract that relates to security obligations on the part of the employees or prospective employees. The clause would normally read as follows: “The company may request that you subject yourself to a polygraph test before commencement of employment or if an incident has occurred or and random testing during your period of employment with the Company. The employee hereby declares that he is aware of the company polygraph policy and accepts that this policy as a term and condition of his employment. The employee undertakes to comply with the said policy in all respects and acknowledges that he is bound thereby”. Magna Alloys & Research v Ellis introduced a significant change to the Courts’ approach to restraint of trade agreements by declining to follow earlier decisions based on an English precedent that an agreement in restraint of trade is prima facie invalid and unenforceable. The implication of this decision is that a right to choose a trade, occupation, or profession freely may

The existence of security breaches in most spheres of modern society has caused loss of property and life. Some of these losses are so big that they eventually cripple organisations they affect. There is a need for private security within the South African context. Private security is executed through various security strategies. In most cases, companies operate with both contract and in-house security personnel on site. Regardless of the strategy adopted, companies continue to experience a variety of security risks. Therefore, swift transformation is needed in the security industry. To achieve this, appropriate security strategies will be necessary to overcome security risks. This study was directed by its aim and objectives. The aim was to evaluate contract and in-house security strategies in order to recommend the appropriate strategy to be used in security programmes. This aim was achieved through the sum of its outlined objectives. The first research objective was to establish the advantages and disadvantages of contract and in-house security. The second objective was to examine the effectiveness of contract and in-house security strategies, and the third to recommend appropriate security strategies to be used in security programmes. This study evaluated contract and in-house security in a registered security company located in Johannesburg, South Africa. A qualitative inquiry was implemented, and a case study approach was used to conduct the research study. The research study combines both literature and empirical research to reach its findings and make its recommendations. While there are 500 employees in the company, the sample was made up of 38 participants. A non-probability sampling method was adopted, and a purposive sampling method was used to select the participants. Furthermore, a face-to-face semi-structured interview schedule that included probing questions was used to collect data. The participants were targeted based on their knowledge and experience in issues surrounding management, policy, and security strategies. The sample consisted of 10 employees in the management category, 13 human resources employees and 15 security employees. The findings of this study were wide, but specific to the context in which it was researched. The advantages and disadvantages of contract and in-house security were comprehensively explored and narrated. This was done through a review of the literature and the raw data obtained from the research participants. The study determined the effectiveness of the two security strategies within the milieu of the case study under study. Furthermore, the study determined that there is no conclusive answer with regards to the most appropriate security strategy to be used. This chosen strategy is dependent on the specific security requirements. Once these requirements have been outlined, the specific strategy can be chosen, namely: contract security, in-house security or a hybrid approach. Recommendations are surplus to the findings of the study. The findings of a research study often go beyond the aim and objectives it set out to achieve. This study produced findings wider than the context of its predetermined aim and objectives and that are relevant to role players within the security industry.
Ukuba khona kwezenzo zokuphula amahlelo wezokuphepha emikhakheni eminengi yomphakathi wesimodeni sekubangele ukulahleka kwepahla nepilo. Ezinye zezehlakalo zalokhu kulahleka kwepahla ngendlela kukukhulu ngakho kuze kubulala neenhlangano ezithintekako. Kunesidingo sehlelo lezokuphepha langasese ngaphakathi kobujamo beSewula Afrika. Ihlelo lezokuphepha langasese/langeqadi Ihlelo lezokuphepha langeqadi lisetjenziswa ngamano ahlukeneko. Esikhathini esinengi, iinkampani zisebenza ngabasebenzi besivumelwano sesikhatjhana (contract) nabasebenzi bezokuphepha abahlaliswe esikhungweni esisodwa. Ngaphandle kokuqala amano amukelweko, iinkampani ziragela phambili nokuhlangabezana neengozi zokuphepha ezahlukahlukeneko. Yeke-ke, ihlelo elirhabileko lamatjhuguluko liyadingeka ebubulweni lezokuphepha. Ukuphumelela kilokhu, kuzokufuneka amano wezokuphepha afaneleko ukuze kuqedwe iingozi kezokuphepha. Leli rhubhululo belirholwa phambili mnqopho neenhloso zalo. Umnqopho kwakukuhlola ikontraga kanye namano wezokuphepha okwenziwa esikhungwini esisodwa ukuze kunconywe amano afaneleko okufanele asetjenziswemkumaphrogremu wezokuphepha. Lo mnqopho wafikelelwa ngeenhloso zoke zeminqopho zawo eyendlaliweko. Irhubhululo lokuthoma kwakukuhloma amathuba amahle kanye namathuba amambi wehlelo lezokuphepha eliyikontraga nelingaphakathi kwesikhungo. Umnqopho wesibili kwakukuhlolisisa ukusebenza kuhle kwamano wekontraga namano wezokuphepha ezisesikhungwini, kanti umnqopho wesithathu kuncoma amano afaneleko wezokuphepha ukobana asetjenziswe kumaphrogremu wezokuphepha. Leli rhubhululo lihlole ihlelo lezokuphepha lesivumelwano/sekontraga nelesikhungo kukhamphani yezokuphepha etlolisiweko enzinze eJohannesburg, eSewula Afrika. Iphenyisiso elidzimelele kukhwalithi lisetjenzisiwe ukwenza isifundo serhubhululo. Isifundo serhubhululo sihlanganisa yomibili imitlolo yobukghwari kanye nerhubhululo eliphathekako ukufikelela kulwazi belenze iincomo zalo. Njengombana kunabasebenzi abama-500 kukhamphani, isampuli yenziwa ngabadlalindima abama-38. Indlela yezampula i-non-probability sampling yalandelwa, kanti kusetjenziswe indlela yesampuli enehloso i-purposive sampling isetjenziselwe ukukhetha abadlalindima. Ngaphezu kwalokho, itjhejuli yehlolombono equntwe phakathi yokuqalana ubuso nobuso efaka imibuzo ephenyako isetjenziswe ukubuthelela idatha. Abadlalindima bebakhethwa ngokuqala ilwazi labo kanye nelwazi elimalungana neendaba zokuphatha, umthethomgomo kanye namano wezokuphepha. Isampuli beyinabasebenzi abali-10 esigabeni sezokuphatha, 13 yabasebenzi bomnyango wezokuqatjhwa kwabasebenzi kanye nabasebenzi abali-15 bezokuphepha. Ilwazi elitholakeleko laleli rhubhululo belinabile, kodwana linqophe ikakhulukazi ebujameni lapho irhubhululo lenziwa khona. Ubuhle nobumbi bamahlelo wezokuphepha wekontraga newesikhungwini ahlolisiswe begodu acocwa ngendlela enabileko. Lokhu kwenziwe ngokubuyekezwa komtlolo wobukghwari kanye nedatha ehlaza etholakele kubadlalindima berhubhululo. Irhubhululo liveze ukusebenza kuhle kwamano amabili wezokuphepha ngaphakathi kobujamo (milieu) besibonelorhubhululo (case study) ngaphasi kwesifundo serhubhululo. Ngaphezu kwalokho, irhubhululo liveze ukuthi akunapendulo yinye esiphetho malungana namano afaneleko wezokuphepha okufanele asetjenziswe. La mano akhethiweko adzimelele phezu kweemfuneko ezithileko zokuphepha. Ngemva kobana iimfuneko lezi sezendlaliwe, amano athileko angakhethwa, wona ngilawa: ihlelo lezokuphepha lekontraga, ihlelo lezokuphepha langendleni nanyana indlela ehlanganisiweko.
U vha hone ha matavhi a tsireledzo kha masia manzhi a tshitshavha tsha zwino ho vhanga ndozwo kha ndaka na matshilo. Dzinwe dza ndozwo idzi ndi khulwanesa dzine dza fhedzisela dzi tshi khou hotefhadza zwiimiswa zwine zwa khou zwi thithisa. Hu na thodea ya tsireledzo ya phuraivethe kha nyimele ya Afrika Tshipembe. Tsireledzo ya phuraivethe dzi shumiswa kha zwitirathedzhi zwa tsireledzo zwo fhambanaho. Kha nyimele nnzhi, khamphani dzi shuma na vhuvhili ha vhashumi vha khonthiraka na vha tshiimiswa kha vhupo. Zwi si na ndavha na tshitirathedzhi tshine tsha khou shumiswa, khamphani dzi bvela phanda na u tshenzhela khohakhombo dza tsireledzo dzo fhambanaho. Nga zwenezwo, hu khou todea tshanduko nga u tavhanya kha ndowetshumo ya tsireledzo. U swikelela izwi, zwitirathedzhi zwo teaho zwa tsireledzo zwi do vha zwa ndeme u kunda khohakhombo dza tsireledzo. Tsedzuluso iyi i do sedza kha ndivho na zwipikwa zwayo. Ndivho ho vha u ela zwitirathedzhi zwa tsireledzo ya khonthiraka na ya tshiimiswa u itela u themendela zwitirathedzhi zwo teaho u shumiswa kha mbekanyamushumo dza tsireledzo. Ndivho yo swikelelwa nga kha tshivhalo tsha zwipikwa zwo bviselwaho khagala. Tshipikwa tsha u thoma tsha thodisiso ho vha u bveledza vhudi na vhuvhi ha tsireledzo ya khonthiraka na ya tshiimiswa. Tshipikwa tsha vhuvhili ho vha u tola u shuma ha zwitirathedzhi zwa tsireledzo ya khontiraka na ya tshiimiswa, na tsha vhuraru u themendela zwitirathedzhi zwo teaho zwa tsireledzo zwine zwa do shumiswa kha mbekanyamushumo dza tsireledzo. Tsedzuluso yo tola tsireledzo ya khontiraka na ya tshiimiswa kha khamphani ya tsireledzo yo nwaliswaho ine ya wanala Johannesburg, Afrika Tshipembe. Ho shumiswa maitele a khwaḽithathivi, na maitele a thodisiso o shumiswa u ita ngudo dza thodisiso. Ngudo ya thodisiso yo tanganyisa manwalwa na zwithu zwi re khagala u swikelela mawanwa ayo na u ita themendelo dzayo. Musi hu na vhashumi vha 500 kha khamphani, tsumbonanguludzwa dzo bveledzwa nga vhadzheneleli vha 38. Ho shumiswa kuitele kwa tsumbonanguludzwa dza vhadzheneleli vhane vha si fhiwe zwikhala zwine zwa edana, na u shumisa kuitele kwa tsumbonanguludzwa ho sedzwa vhukoni kha vhadzheneleli. U isa phanda, kha u kuvhanganya data ho shumiswa inthaviwu ya u tou livhana zwifhatuwo ya mbudziso dzo tou u dzudzanywaho ine ya katela na u vhudzisa mbudziso. Vhadzheneleli vho tiwa ho sedzwa ndivho na tshenzhemo zwavho, kha mafhungo ane a kwama ndangulo, mbekanyamaitele, na zwitirathedzhi zwa tsireledzo. Tsumbonanguludzwa dzo vhumbwa nga vhashumi vha 10 kha khethekanyo ya ndangulo, 13 u bva kha vhashumi vha zwiko zwa vhashumi na vhashumi vha tsireledzo vha 15. Mawanwa a ngudo heyi o tandavhuwa, fhedzi o dodombedza nyimele ye ha itwa thodisiso khayo. Vhudi na vhuvhi ha tsireledzo ya khonthiraka na ya tshiimiswa zwo wanulusa na u talutshedzwa nga vhudalo. Hezwi zwo itwa nga kha u sedzwa hafhu ha manwalwa na data i songo vanganyiwaho ye ya waniwa u bva kha vhadzheneleli vha vhatodisisi. Thodisiso yo ta u shuma ha zwitirathedzhi zwa tsireledzo zwivhili fhethu ha ngudo nga fhasi ha ngudo. U ya phanda, ngudo yo ta uri a hu na phindulo yo khwathisedzwaho zwi tshi da kha tsireledzo yo teaho nga maanda ine ya fanela u shumiswa. Tshitirathedzhi tsho nangiwaho tsho ditika nga thodea dza tsireledzo dzo tiwaho. Musi thodea idzi dzo no bviselwa khagala, tshitirathedzhi tsho tiwaho tshi nga nangiwa, tshine tsha vha: tsireledzo ya khonthiraka, tsireledzo ya tshiimiswa, kana maitele o tanganelaho. Themendelo ndi zwo salaho kha mawanwa a ngudo. Mawanwa a thodisiso dza ngudo tshifhinga tshothe a fhira ndivho na zwipikwa zwo vhewaho u zwi swikelelwa. Ngudo heyi yo bveledza mawanwa o tandavhuwaho u fhira nyimele ya ndivho na zwipikwa zwo tiwaho u thoma o teaho kha vhashelamulenzhe kha ndowetshumo ya tsireledzo.
Security Risk Management
M. Tech. (Security Management)

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…

Thesis (M. Tech. (Labour Relations Management)--Vaal University of Technology
Sectoral Determination 7: Domestic Worker Sector was proclaimed by the Minister of Labour, Membathisi Mdladlana, and has stipulated the minimum employment conditions for the domestic worker sector since 1 September 2002. The purpose of this study evolved from the problem statement which clearly indicated the need for the assessment of awareness and compliance within the domestic worker sector. A detailed literature review enabled the researcher's orientation to the historical context of the sector as well as the need for transformation. Ultimately, the Determination's stipulations guided the assessment of both awareness (knowledge) and compliance (actions that correspond with legislative obligations) during an empirical review. A survey design was used to obtain responses from both domestic workers and employers of domestic workers, who were not necessarily in a direct employment relationship, within the Emfuleni Local Municipal District. Collected data was statistically captured and analysed. Desc1iptive statistics indicated that both employers and domestic workers have limited awareness with regard to the stipulations of Sectoral Determination 7. Results further indicated the difficulty in making a general pronouncement regarding compliance levels. It is suggested that compliance should be considered per individual stipulation of the Determination. The study concludes with the researcher's recommendation that more must be done to raise awareness within the sector amongst both employers of domestic workers and domestic workers. It was also recommended that more labour inspectors be made available not only to ensure the enforcement of Sectoral Dete1mination 7 (compliance) but also to facilitate the creation of continuous awareness.

M.Ing.
The purpose of the research was to determine the relationship, between the innovative culture and employee retention within the organisation. High labour turnover impacts on organisational performance and survival. Despite an organisation’s level of development, many organisations face employee retention challenges. Therefore devising strategies to improve employee retention has become a priority for most organisations. The problem of high labour turnover was also observed during a pilot study conducted at the initial stage of this research study. From the pilot study it appeared as though a relationship existed between an organisation’s innovative culture and employee job satisfaction. A review of literature revealed that there were no extensive studies which had been conducted to establish the relationship between innovative culture an employee retention especially in South Africa. The need to develop strategies to improve employee retention and the lack of extensive studies in South Africa about whether innovative culture could influence employee retention motivated the current research study. High labour turnover has the potential to affect an organisation negatively with regards to employee morale, productivity, etc. Therefore, there was a need for a study to be carried out to determine the relationship between an organisation’s culture on innovation and labour turnover within the organisation. The research involved conducting a desk and pilot study to establish the problem of labour turnover; an extensive literature review to inform the researcher about labour turnover, employee retention, organisational culture, innovation and employee conditions of service. Finally a questionnaire survey and interview was used to establish the existing conditions among the selected sample. A relationship between innovative culture, employee satisfaction and employee retention was inferred from the data obtained from the questionnaire and interview survey. The empirical data obtained from the questionnaire survey and interviews was analysed using the Statistical Package for Social Sciences software (SPSS) providing descriptive and inferential statistics. Recommendations on employee retention were informed by the findings from the survey. The respondents to the questionnaire survey and interviews were professionals and employees in the selected organisations from all departments (Marketing, Finance, Human Resources and Trade Marketing). The participants to the study were drawn from the Fast Moving Consumer Goods (FMCG) sector, Manufacturing and Construction Industry Sector and from the Services (Banking and Utilities) sector.

A research report submitted to the Faculty of Engineering and the Built Environment, University of the Witwatersrand, in fulfilment of the requirements for the degree of Masters in Science in Industrial Engineering. October 2016
The research project aimed at determining employees’ experiences of the application of the flow efficiency methodology. The flow efficiency methodology was the selected management methodology from the broader scope of process-focused methodologies. The significance of the flow efficiency approach is that it’s an alternative approach to the traditional management approach of optimising resource efficiency, but rather focuses on improving the flow of the process in which the resources work. The research was conducted in the context of the labour-intensive, South African manufacturing sector using a case study approach. The purpose of the research was to understand front-line employees’ and supervisors’ perceptions during the application of the flow efficiency approach. The assessed perceptions came from four selected change factors that stemmed from the Lean change iceberg model commonly found in literature. The motivation for research was two-fold: (1) prior research of the flow efficiency methodology in the socio-technical environment focused on operational improvement impact, and not on the impact on people; and (2), most research of improvement approaches and methods in South Africa tended to focus on success factors and pre-requisite maturity levels of various methods. The chosen flow efficiency approach required no pre-requisite culture requirements. The researcher was of the view that gaining an insight (through a case study) into employees’ perceptions of change factors during a flow efficiency approach, could lead to benefits of development and empowerment of employees and management in the labour-intensive, manufacturing sector of South Africa. The case study selected was a flow efficiency-based, improvement initiative in a multinational dairy plant in South Africa. The researcher used an unstructured, group-administered questionnaire to assess operational and supervisory employees’ perceptions of the selected change factors after process changes were made in the process where they work. The four selected process-improvement change factors derived from the Lean change iceberg were: Leadership Behaviour; Social System Change; Effectiveness of Change; and Employee Involvement & Empowerment. Content validity was conducted with external and internal experts to refine the questions and sequence of the questionnaire. A trained research assistant facilitated the multiple questionnaire sessions. Thematic content analysis was used to categorise participant’s responses into themes and sub-themes for each question. The occurrence of themes and sub-themes per question was tallied up and discussed for operational and supervisory employees with respect to the research objectives. The research did not yield a broad-based view on the impact of the flow efficiency management approach on employees’ perceptions in the greater industry context. However, it did give an insight, through the case study, into some universally applicable perceptions of changes experienced by South African, front-line and supervisory employees when the flow efficiency management approach was used. Perceptions of: leadership commitment and coaching, improved teamwork, simplification of jobs, improved flow, and improvements in individual performance, and employee empowerment were prevalent perceptions felt by most employees at both levels.
MT2017

Until recently, the legal position of domestic workers in South Africa could be described as a relic of the nineteenth century, when the contract of employment and the common law defined the employer-employee relationship. The legal rules which regulate the relationship between the domestic worker and her employer are examined. International labour standards and the legal position of domestic workers in other countries are considered. Cognisance is taken of the social phenomenon which finds domestic workers at the convergence of three lines along which inequality is generated, namely gender, race and class. Furthermore, the unique economic forces at play in this sector are examined. The law will be stretched to its limits when attempting to resolve what is, essentially, a socio-economic problem. However, the working lives of a million people are at stake. The legislature has a constitutional, political and moral responsibility to attend to reform in this sector as a matter of urgency.
Private Law
LL.M.

This study investigated the causes of employee dissatisfaction by means of a case study of the Business Application Solution Centre (BASC) at the Eskom Academy of Learning (EAL). The rationale for the study was to contribute further to a general understanding of employee dissatisfaction. This study highlighted the issue of the under-representation of blacks and females (of all races) in senior positions, and further emphasised appointment and recruitment issues that promote unfair labour practices, organisational culture and structure issues that undermine workplace relations, and the extent to which management responds to the abovementioned issues. A mixed method approach was employed to gather data from BASC employees. Qualitative data was collected by means of one focus group discussion and nine in-depth, face-to-face interviews. For the focus group and face-to-face interviews, purposive sampling was used for the selection of respondents, in order to ensure representation on all race, gender and occupational strata. A semi-structured questionnaire was used for both the focus group and face-to-face interviews. The questioning route was guided by the themes of gender, appointment and recruitment issues, culture and structure issues, and management response and practice. Quantitative data was collected by means of an online survey. Even though the online survey link was sent to employees on all strata, top managers did not participate. The use of a web-based online survey had an element of immediacy and also ensured maximum confidentiality, as responses were transferred to a development server with no link or trace to the respondents. The study revealed many underlying causes of employee dissatisfaction, such as the following: (1) the main drivers of black and female under-representation in top positions were lack of skills development, mentoring and career-pathing; (2) among the recruitment and appointment practices leading to employee dissatisfaction was the appointment of employees to ‘acting’ rather than permanent management positions; (3) there was a perception that managers abused their authority by promoting their favourites and overlooking those who they did not like; (4) although an affirmative action (AA) policy had been implemented at BASC, it was felt that employees should be appointed and promoted on merit, and that this should be accompanied by mentoring; (5) in some instances, the hiring of consultants deprived employees of opportunities to perform critical tasks. The fact that consultants were paid more than employees was also a source of discontent; (6) appointment criteria were non-transparent, and respondents revealed that they knew who was going to be appointed even before the recruitment process had been completed; (7) a bureaucratic culture was found to be the main organisational culture issue undermining workplace relations. On the other hand, a culture of teamwork appeared to reduce dissatisfaction and enhance unity; (8) the major organisational structure issues undermining workplace relations were managers who lacked managerial competencies and unequal payment on the same grade; (9) employees who stood their ground were given a low rating during performance appraisals. Others were bullied by senior managers and colleagues, who were rude towards them; (10) a hostile working relationship between managers and employees was caused by managers who lacked human resource skills; and (11) junior managers were undermined by employees who bypassed them and went straight to senior managers to discuss workplace issues. This study addresses both the general lack of information regarding the causes of employee dissatisfaction in South Africa, and of employee dissatisfaction in the information and communication technology (ICT) workplace environment. The findings of the study will also contribute towards a better understanding of the general causes of employee dissatisfaction. The results of this study suggest that more in-depth investigations of the causes of employee dissatisfaction are necessary to fully address this issue, and in order to ultimately prevent a further increase in the rate of employee turnover. Some implications for further research became apparent during the course of this study: similar studies on employee dissatisfaction should be conducted with top managers; studies on the experience of managers appointed to acting positions should be undertaken; and follow-up studies on employee dissatisfaction should be conducted as causes are addressed and relevant interventions are implemented.
Business management
D.Litt. et Phil. (Sociology)

South Africa’s labour legislation has recently undergone momentous changes, in particular, the changes relating to section 198B of the Labour Relations Act (LRA) 66 of 1995. These amendments have proven to be more contentious than any other changes implemented by government in past years. The purpose of this study is to examine and outline the specific implications that the amendments to legislation regarding fixed-term contracts have on a pension and provident fund company in Gauteng, South Africa. This research will therefore highlight the implications (positive and negative) concerning the changes to section 198B on a pension and provident fund organisation in Gauteng, South Africa. The qualitative investigatory study was conducted with six employees of a pension and provident fund company which makes use of fixed term contract employees, until data saturation was reached. The data was collected by means of individual in depth interviews. The results of the study clearly indicate that the changes to section 198B will have both negative and positive implications. Some of the negative implications are that organisation have had to incur increased employment costs as a result of having to provide equal benefits and conditions of employment to all fixed term contract employees. Organisations now have to review the necessity of deploying fixed term contracts and where required to do away with such contracts. The implication here is that, the employment flexibility which organisations previously had has now been removed. Some of the positive implications are that, a few employees who had been on fixed term contracts were employed on a permanent basis after the changes came into effect. Employees experienced greater job security and were offered much needed benefits such as medical aid, pension and disability benefits. Permanent and fixed term contract employees are now treated equally. Part-time employees have better job security and the enhanced ability to enforce statutory rights in terms of equal treatment in employment by evoking enforcement mechanisms such as the Commission for Conciliation, Mediation and Arbitration (CCMA), labour courts and bargaining councils with jurisdiction to arbitrate matters.
Business Management
M. Com. (Business Management)

Text in Afrikaans
Summaries in English and Afrikaans
The statutory definition of the lock-out encompasses certain acts (inter alia termination of contracts of employment) which must be executed by the employer with a certain purpose. The Appellate Division has recently found that the employment relationship not necessarily terminates similarly to the common law contract of employment, but may subsist after termination of the contract of employment. The industrial court does not easily accept that it has been deprived of its unfair labour practice jurisdiction where terminations of employment take place in consequence of a lock-out. The motive of the employer seems to be decisive. In line with both the trend in first world countries and principles established by the courts in South Africa, the Constitution and especially recent labour legislation significantly curtail the bargaining power of the employer because it is progressively being believed that the employer has sufficient economic power to his disposal.
Die omskrywing van die uitsluiting in wetgewing omvat sekere handelinge {onder andere beeindiging van dienskontrakte) wat deur die werkgewer met 'n sekere doel verrig moet word. Die Appelhof het onlangs beslis dat die diensverhouding na beeindiging van die dienskontrak kan bly voortduur en nie noodwendig soos die gemeenregtelike dienskontrak ten einde loop nie. Die nywerheidshof aanvaar ook nie geredelik dat hy in geval van diensbeeindiging wat volg op 'n uitsluiting van sy onbillike arbeidspraktyk jurisdiksie ontneem is nie. Die motief van die werkgewer blyk hier deurslaggewend te wees. In lyn met sowel die ne1g1ng in eerstew~reldse lande, asook beginsels reeds deur die howe in Suid-Afrika gevestig, word die bedingingsmag van die werkgewer ingevolge die Grondwet en veral onlangse arbeidswetgewing betekenisvol ingekort omrede toenemend aanvaar word dat die werkgewer oor voldoende ekonomiese mag beskik.
Law
LL.M.

Text in Afrikaans
In hierdie studie is gepoog om die sogenaamde "reg om te staak" aan die hand van nasionale en internasionale invloede te ontleed. Dit is veral die International labour Organisation se voorstelle wat 'n invloed gehad het om die Suid-Afrikaanse reg in lyn met die internasionale posisie te bring. Daar word egter gewys op die beperkinge van die reg om te staak, byvoorbeeld in die geval van noodsaaklike dienste en staatsdiensamptenare. Vervolgens is die Suid-Afrikaanse stakingsreg onder die loep geneem en is daar gekyk na die gemene reg, statutere reg en die gevolge van 'n staking. Die Suid-Afrikaanse reg is toe vergelyk met 'n aantal ILO-beginsels. Die moontlike invloed van die Grondwet, 200 van 1993 op die arbeidsreg is bespreek. Die ·studie konkludeer dat, alhoewel daar nie 'n absolute reg om te staak is nie, sodanige reg onder sekere omstandighede erken moet word.
The aim of the study was to analyse the so-called "right to strike" by looking at national as well as international influences on the subject. The suggestions by the International labour Organisation in particular had an influence on changing the South African position. The limitations on the right to strike were also scrutinized. The South African strike law was discussed. The common law position, statutory law as well as the consequences of a strike were analysed. The South African position was also compared with a few llO principles. The possible influence of the Constitution, Act 200 of 1993 on labour law was discussed. The study concluded that, althot:.Jgh there is not an absolute right to strike, such a right must be recognized in certain circumstances.
Mercentile Law
LL. M.

Considering that Mpumalanga province has a large petrochemical plant owned by a multinational company that runs and owns mines, the province should abound with employment opportunities for Technical and Vocational Education and Training (TVET) college graduates, especially those from the local Gert Sibande TVET College. However, students with TVET college qualifications struggle to attract employment. Therefore, this study explored the question, “What can TVET providers in Mpumalanga do to enhance students’ employability?” The research was conducted in a selected TVET college in the province. The study employed a qualitative approach and an interpretive paradigm. Data were collected using semi-structured interviews, focus groups and document analysis. The identities of all respondents were protected. Upon analysis of the results, several measures that the TVET college, stakeholders and employers could employ, emerged. There was a lack of proper skills for graduates, qualifications without relevance and employers hardly acknowledging the TVET college qualifications. Some of the recommendations made include collaboration, relationship building between stakeholders and revision of the National Certificate (Vocational) [NC-(V)] curriculum. Topics for future research are also suggested.
Educational Management and Leadership
M. Ed. (Education Management)

In this dissertation, I critically evaluate the VAT treatment of common partnership transactions that are encountered during the life of a partnership. Of great significance, is that at common law a partnership is not regarded as a person, but for VAT purposes it is treated as a separate person. This creates a strong dichotomy between the general legal nature, and the VAT character of a partnership transaction. The partnership and the VAT law dichotomy, is an important theme that runs through most of the thesis. Only once I have established the nature of the transaction for VAT purposes – whether in keeping with or differing from the common law – do I apply the relevant provisions of the VAT Act to determine the VAT implications of the transaction. An important general principle is that what is supplied or acquired by the body of persons who make up the partnership, within the course and scope of its common purpose, is for VAT purposes, supplied or acquired by the partnership as a separate person. I conclude that there are difficulties and uncertainties regarding the application of the provisions of the VAT Act to various partnership transactions. For the sake of certainty and simplicity, I propose amendments to the current provisions that are relevant to partnership transactions, and also propose additional provisions. The proposed amendments seek to align with the purpose of the VAT Act and the principles upon which it is based, and also to adhere to internationally accepted principles for a sound VAT system. I also pinpoint those aspects of the VAT Act that can be clarified by the SARS in an interpretation statement. I further identify issues that require more research, eg issues arising from a partnership’s participation in cross-border trade.
Mercantile Law
LL. D.