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Dissertations / Theses on the topic 'Labor laws and legislation (Canon law)'

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Published: 4 June 2021
Last updated: 27 July 2025

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1

Tran, Anh Q. "A comparative study of the personnel policies for the laity of the Diocese of Fort Worth in the light of the Code of canon law." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

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2

King, William Jude. "The implications of canon 1286 for the canonical protection of employee rights in Pennsylvania." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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3

Wasileski, Gabriela. "Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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4

Munuve, Lilian Kasyoka. "A comparison between the South African and Kenyan labour law systems." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.

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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on var
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5

Sundra, Karean Vanitha Karean. "Individual empowerment in labour law /." [St. Lucia, Qld.], 2004. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18313.pdf.

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6

Matthews, John. "The legal issues relating to human resources for foreign investors in Hong Kong and/or China." Thesis, Click to view the E-thesis via HKUTO, 1995. http://sunzi.lib.hku.hk/HKUTO/record/B38627814.

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7

Guzmán, Lozano Luz María. "Female labour in Mexico : a legal analysis comparing international and domestic law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.

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This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican
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8

Grootboom, Linda Henry. "Labour law implications of organisational restructuring." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/303.

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It is beyond debate that each job lost due to restructuring means a lost taxpayer, and hence lost tax revenue, more poverty and increased crime. South Africa and the world at the large have to deal with this problem head – on in view of the acute need to better the lives of people and encourage investment. Technological advancement should be embraced and used to benefit people and stimulate economies, and that is further challenge in its own right. In Chapter 8 of the White Paper on Transformation of the Public Service dated 15 November 1995 (hereinafter, the White Paper), it is said that: “Th
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9

Myeki, Mfundo. "Dismissal law in the education sector." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1567.

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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.
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10

Van, Loggerenberg Johannes Jurgens. "Constructive dismissal in labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/301.

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The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dis
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11

Al, Shaibani Salha. "The changing nature of employment relationships and its challenge for health and safety law." Thesis, University of South Wales, 2012. https://pure.southwales.ac.uk/en/studentthesis/the-changing-nature-of-employment-relationships-and-its-challenge-for-health-and-safety-law(96bce387-40b5-44f7-a7b9-bf8d387cbff0).html.

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The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they mi
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12

Ten, Berge Susanne Francijna Maria. "Employer's prerogative in the context of outsourcing." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party.
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13

Chan, Sung-tai, and 陳崇泰. "The enforcement of labour legislation in Hong Kong: a study of industrial safety regulations." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1986. http://hub.hku.hk/bib/B31974697.

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14

Crompton, Mark Stanley. "An appraisal of strike law in South Africa." Thesis, University of Port Elizabeth, 2005. http://hdl.handle.net/10948/379.

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The recent amendments made to employment laws and in particular the rewriting of the South African Labour Relations Act has brought into focus the diverse and conflicting interests of employers and employees, which is a concern of labour law analysts. This appraisal of South African of strike law examines the statutory and judicially established labour law in regard to the phenomenon of collective industrial action by employees and the regulation of its occurrence. Historical developments in strike law are traced from the early 1900’s. A period of segregated trade unionism, led ultimately to t
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15

Boutin, Karina. "L'utilité pratique du droit international dans la lutte contre le travail des enfants." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31152.

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In the world today, economic exploitation of children is one of the most intolerable attacks to humanity. Given the extent of the phenomenon, international action is necessary to ensure its elimination. In this regard, international law can play an important role as it can direct formulations of State policy. Unfortunately, despite numerous normative developments, child labour still exists. Therefore, the author suggests that international action be reoriented at two levels. Firstly, the current approach must be re-evaluated to take into account the social dimension of child labour. Education
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16

Abrahams, Eloise. "Efficacy of plain language drafting in labour legislation." Thesis, Peninsula Technikon, 2003. http://hdl.handle.net/20.500.11838/1742.

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Thesis (MTech (Human Resource Management))--Peninsula Technikon, 2003<br>The framework of the employment relationship is regulated by labour legislation. The relationship is known as the tripartite relationship, it is made up of the employer, employees normally represented by the union and the state. The state is responsible for the statutory and legislative framework within which this relationship is conducted.Legislation has been traditionally written in such a manner that only a selected group could understand and interpret it. The new dispensation in South Africa necessitated a move from t
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17

Nengovhela, Livhuwani Adolphus. "The contribution of the Labour Court to the development of strike law." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/430.

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The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the
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18

Rutayisire, Paul. "La faute lourde du travailleur: étude comparative des droits burundais, belge et français du travail." Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213302.

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19

Landry, Laura (Laura Beth) Carleton University Dissertation Law. "Law and labour unrest in Ontario's textile industry; Cornwall, 1936 and Peterborough, 1937." Ottawa.:, 1995.

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20

Salim, Raya Said. "The consequences of unlawful and prohibited contracts of employment in labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1041.

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The purpose of having labour laws in South Africa is to regulate employment contracts and the relationship between the employer and the employee. Once a legally binding contract comes into being the Labour Relations Act of 1995 automatically applies alongside the Basic Conditions of Employment Act and various other labour legislations. Common law rules play a vital role in the formation of an employment contract. For an ordinary contract to have legal effect, four basic requirements need to be met. Briefly, parties to the contract must have reached consensus, parties’ performance of their obli
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21

Madokwe, De Villiers Badanile. "The law relating to lock-outs." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/298.

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The lock-out is accepted as a necessary element of collective bargaining. The law relating to lock-out is considered as a legitimate instrument of industrial action. There are a number of procedural requirements for a legal lock-out. The dispute should be referred to a bargaining council (or where there is no bargaining council with jurisdiction, to a statutory council) or, failing which, the Commission for Conciliation, Mediation and Arbitration. If the bargaining/statutory council or the commission fails to resolve the dispute, it is no longer required that a ballet should be brought out in
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22

Govender, Mogisvaree Murugan. "Determining reasonableness in the light of Sidumo." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11648.

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The primary purpose of this treatise is to consider the development, analysis and application of the review test in relation to arbitration awards which is set out in the Constitutional Court (CC) judgment of Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (Sidumo).1 This judgment has already had significant implications for employers and employees alike and will continue to do so in the future. Many lawyers, trade unions and employees launch or oppose review applications in the Labour Court on behalf of employers or employees. In observing this litigation process, it became clear th
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23

Clouet, Johanne. "La domesticité juvénile en Haïti : une vision à travers la lentille du pluralisme juridique." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115989.

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In this thesis, we present the outcomes of a research conducted on children's domestic labor in Haiti. In addition to being engaged in housekeeping work -- which has a negative impact on access to basic education -- children in domesticity are generally victims of harmful disciplinary measures as well. Consequently, our main objective is to expose the actual norms and practices regarding the education and the physical treatment of young domestic workers.<br>Based on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on la
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24

Meyer, Nadège. "L' ordre public en droit du travail : contribution à l'étude de l'ordre public en droit privé /." Paris : L.G.D.J, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/515216216.pdf.

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25

Tremblay, Simon 1979. "L'OIT et la responsabilisation extraterritoriale des états pour encadrer les activités des entreprises multinationales." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99153.

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The present thesis is a logical outgrowth of the author's realization that rapid market globalization, spearheaded by faceless multinational corporations, is at the root of widespread abuse of the developing world's labour force. The situation clearly calls for corrective action in the form of a normative framework of effective regulations. Such a regulatory framework must needs to be enforced by a respected and dynamic international organization. Our research on this topic leads us to believe that the International Labour Organization (ILO) would be in an excellent position to supervise a pro
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26

Abader, Mogamad Shahied. "The labour law consequences of a transfer of a business." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/306.

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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, wor
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27

Gunguta, Thembeka Maureen. "The regulation of sick and incapacity leave in the public sector." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/16087.

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The Public Service is service delivery driven, and is dependent on the quality, skill and performance of the employees to carry through its business. It is therefore imperative that the policies and systems pertaining to human capital are effectively and efficiently managed. The Basic Conditions of Employment Act regulates the basic conditions of employment and states that employees’ may be absent from duty due to illness. The public sector uses the Determination on the Leave of Absence in the Public Service as a tool to regulate leave in the public sector. The Determination provides employees
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28

Hanekom, Jurgens Philip. "The application of the hearsay rule in labour law proceedings." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/300.

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To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at
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29

Petersen, Desmond. "Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis." University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation provides for changes in workplace practices as well as the protection that it affords employees against unwanted or unilateral changes. The main focus of the research was on how the South African Courts have interpreted the legislation and how it has applied the law in cases involving the changing of terms and conditions of employment, that has come before it.
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30

Mamashela, Ntsoaki Lydia. "A comparison of the implementation of equal pay for work of equal value with Canadian law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18332.

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The consolidation of 22 years of democracy and 20 years of the Constitution of the Republic of South Africa entrenched the need to eradicate social and economic inequalities, particularly those that stem from our history of colonialism, apartheid and patriarchy, which brought pain and suffering to the great majority of our people, in particular Black people. Therefore, the passing of the Constitution of the Republic of South Africa (Constitution)1 20 years ago, marked a turning point in our history by giving expression firstly, to the Freedom Charter and secondly, by upholding the values of hu
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31

Chadd, Kevin Mark. "Insubordination in the workplace." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1003183.

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This thesis traces the development of insubordination in the employment relationship. The essence of the relationship is that the employee, by contracting out his or her productive capacity, occupies a subordinate position. The primary aim is to locate and define the nature of subordination and to investigate how the breach of this position would justify dismissal as interpreted and applied by the courts. This is achieved by investigating dismissal for insubordination under the common law contract of employment, the unfair labour practice jurisdiction and the 1995 Labour Relations Act. Initial
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32

Myeza, Sanele Phillip. "The extent of the right to strike in South African labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1037.

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South Africa emerges from a history where, workers, and in particular African workers, were excluded from enjoying labour rights and particularly the right to strike, without consequences. Participation in industrial action was treated as a delict or even a criminal offence by employers and the state. A history where participation in a strike was treated as breach of contract and therefore the employer could dismiss striking employees at will. The first democratic elections in South Africa introduced a Constitutional democracy. The Constitution introduced the Bill of Rights in terms whereof th
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33

Mnguni, Sihle. "The application of section 17 of the Employment of Educators' Act." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11865.

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The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importa
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34

Ah, Shene Lee-Anne Dorothy. "Large scale retrenchments: an overview of Section 189 A." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012042.

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This treatise sets out and evaluates recent developments in the area of large-scale retrenchments in South Africa. Dismissals are considered to be a source of great controversy, but more so large scale retrenchments. It was with this in mind that the various role players sought an amendment in 2002 so as to address the concerns by both employers and employees. The applicable legislation, namely section 189A of the Labour Relations Act 66 of 1995, was enacted to ensure the smooth operation of this genre of retrenchments. In this treatise, section 189A will be evaluated. Section 189A stipulates
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35

Delport, Gerhardus Jordaan. "The constitutionality of Section 14 of the Employment of Educators Act." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/15479.

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The Department of Education, as part of the public sector, employs educators in terms of the Employment of Educators Act (EEA),1 whereas the rest of the public servants are employed in terms of the Public Service Act (PSA). If an educator is absent for more than 14 consecutive days without the permission of the employer, the educator is deemed to be discharged according to section 14(1)(a). With regard to the rest of the public sector, a similar provision is put in place, where section 17(5)(a) provides for the discharge of a public officer who is absent from his / her duties without the permi
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Strydom, Wynand Wilhelmus. "The requirement of "bumping" in operational-requirement dismissals." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/5896.

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This treatise interrogates the concept of bumping and commences with the background and rationale to the study. It poses a problem statement and sets out the aims and objectives it intends to achieve by virtue of specific research questions identified in the first chapter. The second chapter deals with the history and origin of the concept of bumping whereafter it elaborates on the evolution of bumping in the South African labour-law context and it furthermore introduces the retrenchment guidelines as drafted by Halton Cheadle in 1985. A review and reappraisal of the retrenchment guidelines by
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37

Cokile, Siyabonga. "The remedies for unfair dismissal." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1033.

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In terms of section 193 of the Labour Relations Act 66 of 1995, there are basically three remedies for unfair dismissal and unfair labour practice, namely reinstatement, re-employment and compensation. In disputes of unfair labour practice an arbitrator may determine a dispute on terms that the arbitrator deems reasonable, including the abovementioned three remedies. For example, in an unfair labour practice dispute relating to promotion or appointment, an arbitrator may order that the process of appointment be started afresh, if is found that the process was flawed. The right to fair labour p
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38

Loliwe, Fezeka Sister. "Workplace discipline in the public education sector." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020091.

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Discipline is crucial in the provision of quality public service work. This is because most citizens are serviced through the public service work. Adhering to rules and orders, exercise of self control and the ability to put needs of others over one’s own needs are fundamental aspects of discipline. Every workplace has its own pieces of legislation that are used as a guide on expected conduct as well as a tool to deal with failure to adhere to the outlined pieces of legislation governing the conduct in the workplace. There are institutions in place that deal with the crafting of the pieces of
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Keith-Bandath, Rasheed Ethan. "Substantive equality and the defence of affirmative-action." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/3899.

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Giving effect to the constitutional right to equality and the peculiar nature thereof in a heterogeneous society such as South Africa has proved to be a perplexing task. This is apparent when analyzing case law on the subject which demonstrates that our courts are regularly confronted with complex equality claims, and as a consequence, naturally have to make difficult decisions which in turn contribute toward our emerging and developing equality jurisprudence and ultimately the achievement of the constitutional standard of equality. This treatise considers substantive equality as a species of
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40

Asdorian, Martin. "Analysis of Reporting Compliance of Labor Relations Consultants Under Section 203 (b) of the Labor-Management Reporting and Disclosure Act, 1959." Thesis, University of North Texas, 1990. https://digital.library.unt.edu/ark:/67531/metadc331099/.

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This study examines the reporting compliance, as defined by section 203(b) of the Labor -Management Reporting and Disclosure Act (LMRDA), 1959, of labor relations consultants who engage in persuader activity. Organized labor suggests that the loss in union strength results, in large part, from management's use of labor relations consultants and their failure to file required reports with the U.S. Department of Labor. Two samples of labor relations consultants known to have engaged in persuader activity and two samples of those who could be engaged in persuader activity are identified. A rese
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Spree, Wolfgang. "The transfer of undertakings with specific reference to the transfer of insolvent undertakings - an evolution of the South African law." Thesis, Link to the online version, 2007. http://hdl.handle.net/10019/404.

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42

Lapere, Jan Noel Romain. "Occupational medical examinations and labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/302.

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South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, s
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43

Ncume, Ali Zuko. "The programmatic enforcement of affirmative action." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/5521.

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Historically, racism was deeply rooted in the workplace in South Africa where white people were largely afforded better opportunities than their black counterparts. This position changed after South Africa became a democratic country. In the new South Africa, legislation has been adopted to combat unfair discrimination. This legislation is founded upon the equality clause contained in section 9 of the Constitution of the Republic of South Africa. Section 9 prohibits unfair direct or indirect discrimination against any person on any of the listed grounds. It also makes provision for protection
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James, Ncumisa Portia. "The relationship between an automatically unfair dismissal in terms of section 187(1)(c) of the labour relations act and a dismissal for operational reasons." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1034.

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Common law does recognise the concept of dismissal based on operational requirements. It recognises dismissals that are based on breach of expressed or implied terms of contract of employment. The concept of operational requirements has its roots in the Labour Relations Act 28 of 1956. This Act recognised termination of employment of a number of employees due to ability, capacity, productivity, conduct and operational requirements and needs of undertaking industry trade or occupation of the employer as legitimate. Under the 1956 LRA, employers were allowed to dismiss employees if employees ref
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45

Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.

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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted
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Reinecke, Femke. "Leistungsbestimmung des Arbeitnehmers /." Frankfurt am Main ; New York : P. Lang, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015611371&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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47

Brandt, Denver Charles. "Civil liability of an employer for injuries on duty." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1042.

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The workplace has evolved dramatically in the past decades. Technology has improved, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workplace itself. While employees enjoy a common law right to a safe working environment and health and safety, state intervention currently provides restricted claims to an employee who has sustained injuries or contracted occupational diseases.
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48

Poggenpoel, Jerome Mark. "HIV in the workplace: a critical investigation into the present legislative protection afforded to the HIV positive employee." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3090_1184766896.

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<p>This thesis examined to what extent the current legislation protects the HIV positive employee against unfair discrimination and dismissal. The study gave short medical background to HIV/AIDS and introduced HIV discrimination by giving the historical background to HIV related discrimination. From this, the extent of stigmatization against this group was introduced.</p>
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49

Nconco, Mpumelelo. "Substantive equality and affirmative action in the workplace." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1617.

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During the apartheid era in South Africa there was an unequivocal commitment to white supremacy, segregation and inequality. Discrimination but not on the basis of race was entrenched by the pre-democratic government. The 1980‟s saw the first steps towards reversing such practices through various measures, in the form of formal equality. Formal equality holds that the state must be act neutrally in relation to its employees and must favour no one above another. It assumes that all people are equal and that inequality can be eradicated simply by treating all people in the same way. Formal equal
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50

Loyson, Madeleine. "Substantive equality and proof of employment discrimination." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1059.

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This dissertation is a journey through the legislative changes and case law in order to analyse and evaluate the changing nature of South African jurisprudence in respect of the notions of equality, discrimination and affirmative action and the manner in which these issues are proved and dealt with in our courts. It focuses firstly on the emergence of the post-Wiehahn labour laws and the developing jurisprudence concerning discrimination in South Africa towards the end of a long period of isolation from the international world. It witnesses the growing cognizance which was taken of internation
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