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1
Huang, Chu Cheng 1964. "Airline labour law : a study of certain labour law rules in international air transport." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34739.
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This thesis examines problems related to particular labor laws currently applied in international air transport. This analysis is framed within the context of scholarly theory and judicial practice arising from various regimes of labor law governing industrial injury, the individual contract of employment, labor-management relations, and fair treatment in the civil aviation industry.A critical survey of labor regulations operating in the international air transport industry is provided through commentary on the principles formulated by judicial decisions and the theories which underlie their reasoning, helping to clarify both substantive and procedural labor laws affecting international air transport.
A critical analysis of different categories of statutory labor law governing international air transport is also provided to assess the validity of commonly-erected conflict of labor law rules, thereby revealing the inadequacy of the single rule principle in view of the unique and perplexing regulatory interests which are inherent in aviation activity. The divergence between domestic labor statutes and Treaties of Friendship, Commerce and Navigation or bilateral air transport agreements also adds a more subtle aspect to the problems explored.
2
Kupe-Kalonda, Pearl. "The industrial court in Botswana : an assessment of its contribution to labour relations." Master's thesis, University of Cape Town, 2001. http://hdl.handle.net/11427/4508.
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Bibliography: leaves 172-175.The study briefly outlines the development of labour relations in Botswana with specific emphasis on developments leading to the establishment of the Industrial Court. Various provisions of the Trade Disputes (Amendment) Act 1992 pertaining to the Industrial Court are set out. The study continues to review the nature and functions of the Industrial Court. The study also looks at the Industrial Court process and assesses it in terms of the established principles pertaining to an efficient dispute resolution system.
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Kamala, Paschal. "Industrial relations law in Tanzania : past experience and prospects under the new labour legislation." Master's thesis, University of Cape Town, 2006. http://hdl.handle.net/11427/4641.
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Includes bibliographical references (leaves 77-79).This paper deals with how Tanzania Mainland industiral relations have evolved during the said different periods since independence up to now. The main focus will be to discuss the current legislation and how it seeks to improve industrial relations as compared to its predecessors. Also it will discuss in a nutshell whether the new legislation has met the International Law Organisation (ILO) standards. It further discusses the challenges facing Tanzania and its working class in the globalised labour market.
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Howe, Joanna. "The evolution and development of unfair dismissal law in Britain and Australia." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:bf2e363e-5c91-45a1-ae4d-f073633f35c6.
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This work explores the evolutionary dynamic exhibited by the trajectory of unfair dismissal law in Britain and Australia. A different comparative evolutionary dynamic is observed in the phase leading up to the enactment of a statutory unfair dismissal scheme and in the period subsequent to enactment. It is argued that the shared common law origin of the legal systems of Britain and Australia masks significant divergence in their respective labour law traditions. Whilst collective laissez-faire in Britain, and conciliation and arbitration in Australia both sought to secure industrial peace, these divergent traditions operated in a manner particular to their jurisdiction in constraining the evolution of a statutory unfair dismissal law. It was only when these traditions underwent severe economic, social and political challenges that they faced a crisis of legitimacy and new ideas for labour law were canvassed. Although occurring over twenty years apart, the breakdown of Britain’s and Australia’s labour law traditions saw the juridification of domestic labour law, with a central reform being the inception of a statutory right protecting against unfair dismissal. Despite emerging from divergent legal traditions and according to different timeframes, the trajectory of unfair dismissal law subsequent to its enactment was to converge upon a common theme of peeling back the statutory superstructure in favour of localised and alternative dispute resolution. Although these developments are diachronistic across the two jurisdictions, this evolutionary dynamic of divergence giving way to convergence is revealing of a high degree of path dependency as between the unfair dismissal laws of Britain and Australia.
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Lifschitz, Ronnit. "The artisan and the ghost : rewriting the subject of labour law." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21690.
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The subject constructed by and for labour law---the "worker"---is bodiless, sexless, genderless, and male. This thesis investigates how and why this construction occurs both through a discussion of general theoretical issues surrounding the way law constructs its subjects, and through a specific case study. The case study considers a set of sexual harassment cases decided in the "mainstream" unfair dismissal jurisdiction. As a site of women's overt presence in the labour market, these cases are disruptive to settled constructions of "the worker", particularly because they connect the sexuality of women (and their gender) to their status as worker. In so doing, they suggest the possibility of a "womanworker"---a woman who is simultaneously woman and worker. The thesis concludes by exploring the consequences of this possibility and asks how the recognition of women's experiences, needs and specificities can allow the subject of labour law to be reconstructed.
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Kovacs, Zoltan Balazs. "International labour standards, codes of conduct and multinational enterprises." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32809.
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Multinational enterprises shape global and national politics by their enormous economic power. In the introduction, I briefly discuss the definition of a multinational, as well as the role of labour standards relating to child labour.In Part I, I will focus upon the political and economic relationship between States and MNEs. I will also discuss the tensions this relationship creates. In the second part, I focus on the issue of child labour and different kinds of approaches countries take.
Before dealing with international efforts to create a universal code, I examine two internal codes.
Part III addresses two main issues. First, the question how human rights and MNEs relate to each other is dealt with. Then the issue of international legal responsibility will be elaborated.
Finally, the thesis concludes that public opinion and shame may be the key to successfully address the issue of child labour.
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Pather, Sivalingam. "Workplace forums in terms of the labour relations act 66 of 1995." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/845.
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The promulgation into law of the concept of workplace forums has been beset with immense criticism and opposition from organized labour and some quarters of organized business. Last ditch efforts by the Ministerial Task Team had won the day for the inclusion of this controversial provision in the new Labour Relations Act.1 Commentators on the Act tend to agree that the fallout with organized labour at the negotiations has probably set the scene as to whether the provisions would be widely used or not. History has shown that the establishment of such forums in workplaces has been low. In some situations where workplace forums had been established, their continuous sustainability was put into doubt. This has led to the de-establishment of some of these forums in some workplaces. Various reasons were provided, but the prime factors for its failure could be traced back to the negotiations at NEDLAC. The unions opposed the original proposal by government that minority unions and even non-union employees can trigger the establishment of a workplace forum and insisted that this be restricted to majority unions. The voluntary nature regarding the establishment of a workplace forum and the trigger that only a majority union can invoke the provisions has still seen unions reluctant to utilize the provisions since it did not serve their purpose. The aims of the provisions, namely to increase workplace democracy, was therefore thwarted in favour of more informal procedures. Although the idea is a noble one, it is argued that the introduction of the provisions was ill-timed and inappropriate. The lesson that the legislature can take is that for any provision to be a success, buy-in from all stakeholders is paramount. Research has shown that there was a steady decline in the establishment of workplace forums. Since December 2004 there was not a single application received by the Commission for Conciliation, mediation and Arbitration. There is also doubt as to whether any of the Forums that were previously established are still functional. What is certain is that statutory workplace forums is not at the forefront as a vehicle for change that was envisaged in the Explanatory Memorandum that accompanied the new Labour Relations Act. What is also certain is that employers and employees are utilizing other forums to ensure workplace participation. These forums, however, only provide a voice to unionized workers. The vast majority of non-union workers remain voiceless. The proposed amendments in 2002 that intimated that the trigger be any union and not only majority unions failed to be passed into law. Perhaps it is that type of catalyst that is required to give life to the provisions. The future of workplace forums in South Africa is bleak and will continue to be if there is no intervention by the parties at NEDLAC to revive it. A complete revamp of the legislation would be required for such a revival. Some commentators have made meaningful suggestions on changes that can be made to the legislation to make workplace forums more attractive. Some have suggested it be scrapped altogether and future workplace participatory structures should be left to the parties to embrace voluntarily. Workplace forums are a novel innovation with great potential to encourage workplace democracy. There is nothing wrong with the concept. The application of such forums in the South African context is what is concerning. Perhaps prior experience and experimentation with similar type forums have tarnished workplace participation. The strategies by the previous regime and some employers have caused such participation to equate to co-option. Perhaps not enough spade work was done to ensure that the climate and attitude of the parties was conducive for its introduction. What is paramount no matter the form it takes is that workplace participation is crucial for economic growth and the introduction of new work methods to improve productivity. Without the establishment of such forums, whether voluntary or statutory, the ‘second channel principle’ that promotes non-adversarial workplace joint decision-making would be lost and conflict based participation could spiral leading to economic disaster.
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Schrauf, Marcus H. "An examination of the evolution of the industrial relations systems in Germany and South Africa with special reference to the functionality of Chapter V of the South African Labour Relations Act (66 of 1995)." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53261.
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Thesis (MBA)--Stellenbosch University, 2003.ENGLISH ABSTRACT: After decades of its struggle against the apartheid policy and system, and after the victory in the first democratic elections in 1994, the pre-1994 co operation within the alliance of the African National Congress (ANC), the Congress of South African Trade Unions (COSATU) and the South African Communist Party (SACP) created the framework of reference for the legal infrastructure of a new Industrial Re[ations ([R) system in which trade unions, employers and government would act together in a spirit of tripartism. The legal infrastructure of the new IR system was thus aligned with the new politica[ dispensation and in compliance with the new Constitution (200 of 1993) with its overarching aim as the correction of the imbalances of the past by ensuring both, a climate supportive of growth and the pursuit of social equity for all South Africans. However, in the wake of the 1994 elections, more and more ideo[ogical differences have arisen within the Alliance, also fostered by South Africa's unequal income distribution, the [ow life expectancy, the [ow literacy rates, high infant mortality, one of the highest H[V/Aids infection rates among the black population and its strong investor - unfriendly climate, all affecting effective policy making. [n particular, the ANC's 'shift to the right' with its Growth, Employment and Redistribution (GEAR) strategy for macroeconomic development is alienating it from its alliance partners. Nevertheless, a new package of labour legislation was structured around the core of the individual contract of employment, resting in common law, with the Basic Condition of Employment Act (75 of 1997) setting minimum standards, and the new Labour Relations Act (66 of 1997) providing the framework for a collective bargaining system. The new Labour Relations Act integrates co operation in the [R system by enabling trade unions and employers to establish and regulate formally their relationships for the purpose of collective bargaining and creating machineries for the resolution of disputes of interest on the one side, and an employee - employer relationship based on rights vested in the parties in an enterprise, domestic context on the other. Provisions for a certain form of codetermination by, and participation of workers in the taking of decisions by management on the shop floor are legally entrenched in Chapter V - Workplace Forums - of the Labour Relations Act. Chapter V of the Labour Relations Act (66 of 1995) stipulates the requirements for the establishment of a Workplace Forum and defines and regulates its functions. If the definition and structure of such a Workplace Forum as contained in the respective schedule of the Act are compared with the German Betriebsverfassungsgesetz of 1952 and 1972, numerous similarities can be observed, and a quasi - adoption and incorporation of the German act as a blueprint for Chapter Vof the South African act can be assumed. However, whereas in Germany co-determination and the 8etriebsvedassungsgesetz of 1952 and 1972 have evolved naturally over the years, workers participation in South Africa through a Workplace Forum appears to be a mere legal creation, conceived on the drawing board for the new legislation, without any particular tradition and an effective place in the IR system. Additionally, questions raised in connection with its constitutionality leaves the quasiimported provisions of Chapter V in a doubtful light. I n analogy to the German Verfassungsklage of 1976 against the then new Mitbestimmungsgesetz, the focus of this study falls on a hypothetical test whether the provisions of Chapter V would be in accord with the new South African Constitution (200 of 1993), and also the constitution of their 'importing country', namely Germany. Several grey areas exist in which the Constitutional Courts of both countries would most probably have to declare some provisions as unconstitutional, the most important one being that, since the establishment of a Workplace Forum is linked only to the initiative of an existing representative union, the Freedom of Association of the individual is impaired.
AFRIKAANSE OPSOMMING: Na dekades van weerstand teen die sisteem van die apartheidsbeleid, en na die oorwinning in die eerste, demokratiese verkiesing van 1994, het die samewerking binne die alliansie van die African National Congress (ANC), die Congress of South African Trade Unions (COSATU) en die South African Communist Party (SACP) die raamwerk vir die struktuur van 'n nuwe Nywerheidsverhoudingsstelsel waarbinne vakbonde, werkgewers en die regering in 'n gees van tripartisme kan saamwerk, die lig laat sien. Die regtelike infrastruktuur van die nuwe nywerheidsverhoudingsstelsel was dus met die nuwe politiese sisteem in ooreenstemming en ook voldoende aan die vereistes van die nuwe Konstitusie (200 van 1993). Die alomvattende doel van die Konstitusie was om die sosiale wanbalans van die verlede te korrigeer en 'n klimaat te skep wat ekonomiese groei en die strewe na sosiale gelykheid vir alle Suid-Afrikaaners moontlik sal maak. In die tydperk na die verkiesing het egter meer en meer ideologiese verskille binne die Alliansie ontstaan, ook veroorsaak deur Suid Afrika se ongelyke inkomsteverdeling, 'n lae lewensverwagting, 'n lae vlak van lettervaardighede, 'n hoe graad van kindersterflikheid, een van die hoogste Vigs statistieke vir die swart bevolking en 'n onvriendelike klimaat vir buitelandse investering wat all die effektiewe beleidsskepping beinvloed. Besonders die ANC se 'verskuiwing na regs' met sy Growth, Employment and Redistribution (GEAR) strategie vir makroekonomiese ontwikkeling vervreemd die organisasie van sy bondgenote. Dit nieteenstande het 'n nuwe pakket van arbeidswetgewing ontstaan. Die kern van die pakket is die individuele kontrak van indiensneming wat in die algemene reg veranker is, maar wat deur die Wet op Basiese Diensvoorwaardes (75 van 1997) met 'n getal van minimum standaarde en vereistes gemodifiseer word, met die Wet op Arbeidsverhouding (66 van 1995) wat vakbonde en werkgewers met 'n raamwerk vir die proses van kollektiewe bedinging voorsien. Die nuwe Wet op Arbeidsverhoudinge maak voorsiening vir die samewerking tussen vakbonde en werkgewers om hulle verhouding vir die doel van onderhandelinge te formaliseer en ook meganisme vir die beslegting van belangedispute, en ook regsdispute wat uit die regte van die partye in die direkte werksplek vloei. Voorsiening vir 'n sisteem van werkersdeelname en medebestemming in die besluitneming van bestuur word in Hoofstuk V - Werkplekforums - van die Wet op Arbeidsverhoudinge gemaak. Hoofstuk V van die Wet op Arbeidsverhoudinge bepaal die vereistes, reguleer die stigting en defineer die funksies van 'n Werkplekforum. As 'n vergelyking van die definisies vir, en die struktuur van so 'n Werkplekforum soos voorgeskryf in die skedule vir Hoofstuk V met die Duitse Betriebsverfassungsgesetz van 1952 en 1972 gemaak word, kan daar baie ooreenstemming met die wet gevind word. Dit Iyk ook dat baie komponente van die Duitse wet oorgeneem en as 'n bloudruk vir Hoofstuk V gebruik en daarin geintegreer is. In analogie met die Duitse Verfassungsklage van 1976 teen die destydse nuwe Mitbestimmungsgesetz val die klem in die studie op 'n hipotetiese toets of die voorwaardes van Hoofstuk V met die vereistes van die nuwe Suid Afrikaanse Konstitusie (200 van 1993) voldoen, en ook die van die konstitusie van hulle 'importeeringsland', naamlik Duitsland. Daar bestaan sekere grys areas in Hoofstuk V waarin die konstitusionele howe van altwee lande hoogswaarskynlik sommige voorwaardes as botsend met hulle onderskeidelike konstitusies sou vind. Die mees belangrikste daarvan is die voorwaardes dat, aangesien 'n Werkplekforum net deur 'n verteenwoordigende vakbond mag gestig word, die Verenigingsvreiheid van die individu aangetas word.
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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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Steiner, Jochen. "Mediation of employment disputes : a legal assessment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0027/MQ50965.pdf.
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Vandaele, Arne D. A. "International trade law as a means to enforce workers' rights in developing countries : the way forward?" Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ54229.pdf.
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Kang, Yi. "Institutions, consciousness, and tactics : workers' legal mobilization in labor dispute resolution in Shanghai." HKBU Institutional Repository, 2005. http://repository.hkbu.edu.hk/etd_ra/634.
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Lane, Jacqueline Ann. "A watershed decade in British industrial relations, 1965 to 1974? : the Donovan Commission Report, 'In Place of Strife', and the Industrial Relations Act of 1971." Thesis, University of Huddersfield, 2017. http://eprints.hud.ac.uk/id/eprint/34157/.
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The Donovan Report (1965-1968) is often seen as one of the great failures in the overall attempt to deal with the thorny problem of the contentious nature of industrial relations in post-war Britain. This thesis re-examines that report and subsequent governmental responses, using numerous sources, many of which have barely been used by previous authors, in order to establish where it all went wrong. Such an examination is important to inform future governments on some of the problems of trying to legislate on industrial relations matters. This thesis addresses the central question addressed by the Report – the validity of employing legislation to deal with the problems within industrial relations, asking what contribution had legislation made to the ordering of industrial relations in the past, and what lessons future governments could take from that? Why did both the Labour Governments under Harold Wilson and the Conservative Government under Edward Heath choose to go beyond Donovan in their attempts to alter the role of the state in industrial relations Finally, could the Industrial Relations Act 1971, had it survived, have been to the benefit of trade unions in time? This thesis suggests that legislation had an important role to play in the ordering of industrial relations, and that collective bargaining alone, although effective in many areas, was unable to address issues which had wider implications, such as those relating to health and safety or the reconciliation of differences due to the laws’ interference with trade unions’ rights to defend their members and their own collective rights. Both the Labour and Conservative Governments chose to go beyond the measures proposed by Donovan because economic and political necessity demanded a greater measure of control over strike action. However, the inquiry had undoubtedly focused the debate on whether or not legislation could ever be the most appropriate tool for controlling industrial relations, and therefore acted as a catalyst for the reforms that followed. The Industrial Relations Act 1971 failed to bring about the hoped-for industrial peace. Its repeal in 1974, however, did nothing to prevent further rises in strikes after 1974. Piecemeal legislation in the 1980s and 1990s did bring about a greater level of industrial peace, but this suggests that it was not legislation per se that was the wrong strategy for controlling industrial relations, but rather the method and pace of implementation. Other means of maintaining industrial peace were experimented with and could have been successful if the political will had been there and the unions and employers had engaged more fully,but the seeds had been sown for legislative control and it was impossible to hold back the tide of restrictive legislation which followed these early forays into the concept of law as a means of controlling industrial relations. The Donovan Report did indeed represent the thin end of the legal wedge and opened the floodgates to the many enactments designed to control and emasculate the trade union movement which the Conservative governments of the 1980s and early 1990s were able to introduce. The collective failures of the Donovan Report, In Place of Strife and the Industrial Relations Act to bring about industrial peace were, however, only indicative that legislation was not the most appropriate means of achieving this goal at this particular point in time. Alternative attempts to reduce strikes and engage trade unions in closer working relationships with employers and their associations, and with the government, did meet with some success in the 1970s and may be usefully attempted again in the future. This will, however, depend on whether government is able to keep an open mind on the utility, or perhaps futility, of legislative controls such as those attempted in the years between 1965 and 1975.
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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 research questionnaire is mailed to 779 of the total of 887 labor relations consultants for whom an address could be developed.
Discriminant analysis using 16 variables correctly classifies 93.8 percent of the responding labor relations consultants grouped according to whether they had filed required reports. Other discriminant analyses using selected variables are also conducted.
Three associated questions are answered. First, there are an estimated 850 labor relations consultants who have engaged in persuader activity or who can be presumed to have engaged in persuader activity. Of this number, almost 500 are estimated to have engaged in persuader activity and only 30 percent of these are estimated to have filed required reports. Second, the labor relations consultants surveyed is, on average, male, an attorney, is titled "president" and is located in California, Michigan or Illinois. Third, solely in the context of National Labor Relations Board election processes, the effect on the loss of the union strength caused by (1) labor relations consultants and (2) the failure of the consultants who engaged in persuader activity to file a required report cannot be determined. However, because the estimated decrease in the number of union members over the years 1960 - 1989 exceeds the number of eligible voters in N.L.R.B. elections lost by unions over the same period, this effect is assessed as minimal
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Schulze-Marmeling, Sebastian. "Conflict at work and external dispute settlement : a cross-country comparison." Thesis, University of Manchester, 2013. https://www.research.manchester.ac.uk/portal/en/theses/conflict-at-work-and-external-dispute-settlement--a-crosscountry-comparison(f7b7c186-5541-418e-be6a-3bc3b6b311fa).html.
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The focus of both academic and public debate on the expression of work-related conflict has long been focused on strikes. Substantial declines in collective disputes have been associated with more harmonious and less conflict-laden employment relations. This research deals with another, often forgotten form in which conflict is manifested, namely the settlement of individual conflicts through labour courts or employment tribunals. Its aim is to explore and explain differences in application rates to national judicial bodies both across countries and over time. Using a novel database on 23 European Union Member States, it is found that a substantial degree of variance exists; claim rates across Europe differ substantially, and countries have developed along different lines. The explosion of court applications is found to be exceptional, and stability or volatility is identified in the large bulk of EU Member States. In order to explain cross-sectional and time differences, the research draws on wide range of literature, develops a new procedural concept of conflict, and proposes a comparative neo-institutionalist framework accounting for both institutions and actors. The theoretical discussion elaborates three sets of arguments to predict claim incidence. First, it is argued that the existence of comprehensive collective industrial relations institutions, particularly employee workplace representation and collective agreements, tend to reduce the frequency of labour court claims. Second, the amount and complexity of employment regulation is argued to have an impact on the incidence of court applications. Finally, cyclical economic conditions and individual characteristics of the potential grievant are expected to predict the phenomenon. Empirical evidence is presented from a range of different data sources, such as national administrative data and large-scale surveys for three country case studies on France, Germany and the United Kingdom. Findings support that all three sets of explanations contribute to the explanation of the incidence of labour court claims. Moreover, data seem to confirm the need for an interdisciplinary approach drawing on different bodies of literature.
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Dooley, Cathleen Marie. "Battle in the sky: A cultural and legal history of sex discrimination in the United States airline industry, 1930-1980." Diss., The University of Arizona, 2001. http://hdl.handle.net/10150/280698.
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This project examines the creation and implementation of sex discrimination law in the United States during the mid-twentieth century by egg the experiences of women who worked as flight attendants in the United States airline industry. The presentation of female bodies was a critical marketing strategy for the airline industry, and the result was the creation of a series of gender based discriminatory policies. Airlines manipulated women's sexuality through regulations such as a marriage ban, age ceiling, and weight/appearance regulations. An analysis of airline ads, which presented flight attendants as sexually desirable to attract male customers, combined with archival sources that trace discrimination in the industry, reveal the manipulation and presentation of women's sexuality as essential to the labor market practices of the airline industry and the efforts made by flight attendants to combat both the image and the discrimination. This dissertation reveals the constructed nature of women's sexuality by exploring the relationship between cultural representations of women's bodies, labor market practices, and public policy formation. An examination of 1960s anti-discriminatory legislation reveals the link between the regulation of sexuality and policy formation. Dismantling of sex discrimination through policy was problematic because gendered and sexualized work patterns were central to corporate employment structures. The solution was the inclusion of the bona fide occupational qualification clause in Title VII of the 1964 Civil Rights Act. This clause protected employers' ability to retain gender based discrimination if they demonstrated that economic loss would result from a restructuring of employment practices. Flight attendants were among the earliest group of women workers to utilize this legislation, and as a result they contributed to the interpretation and development of sex discrimination law in the United States. This project also reveals the complex interaction of resistance to and intention of sexual norms and gender discrimination. Flight attendants often internalized cultural constructions of sexuality and saw their ability to fulfill dominant cultural notions of beauty as empowering, thus they had difficulty articulating a clear definition of sex discrimination. Despite this difficulty, flight attendants became among the most politically active women in America during the 1960s and 1970s.
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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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Chatzilaou, Konstantina. "L’action collective des travailleurs et les libertés économiques : essai sur une rencontre dans les ordres juridiques nationaux et supranationaux." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100155.
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L’action collective des travailleurs - qu’on désigne ordinairement en France par le terme de grève - fait l’objet d’un traitement juridique diversifié, aussi bien au niveau national que supranational. A la suite des arrêts Viking et Laval, rendus en 2007 par la Cour de justice de l’Union européenne, les régimes nationaux et supranationaux de l’action collective sont amenés à évoluer du fait de leur rencontre avec les libertés économiques, au premier rang desquelles figurent la liberté d’établissement et la libre prestation de services. L’étude de ces évolutions requiert la combinaison de deux perspectives. Dans une perspective historique et descriptive, il s’agit d’examiner ces régimes pour en saisir la construction. A cette fin, l’outil choisi est celui de la comparaison juridique, comparaison qui s’effectue à un double niveau : national (droit français et droit anglais) et supranational (droit de l’OIT et droit du Conseil de l’Europe). C’est dans une perspective plus dynamique que l’étude porte ensuite sur les interactions de ces régimes avec les libertés économiquesCollective action of workers - ordinarily designated by the term of “strike” or “grève” in France - is subject to a diverse legal understanding at national and supranational level. Following the Viking and Laval judgments, made in 2007 by the Court of Justice of the European Union, national and supranational regimes of collective action are likely to evolve as a result of their encounter with the economic freedoms, the first among which are freedom of establishment and freedom to provide services. The study of these changes requires a combination of two perspectives. In a historical and descriptive perspective, the aim is first to understand the structure of these regimes. To this end, the chosen tool is that of legal comparison, made at a double level, national (French law and English law) and supranational (ILO Law and Law of the Council of Europe). It is in a more dynamic perspective that the study then focuses on the interactions of these regimes with economic freedoms
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Hartzén, Ann-Christine. "The European Social Dialogue in Perspective : Its future potential as an autopoietic system and lessons from the global maritime system of industrial relations." Doctoral thesis, Lund University, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-67414.
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There are three starting points for this thesis. First, there is the system of ESD, which is criticised for lacking capacity to improve the working conditions within the EU. Secondly, there is the system developed through the global ITF FOC campaign, which is considered to have capacity to improve working conditions for seafarers at a global level. Thirdly, there is the theory on self-referential autopoietic systems, which is a useful tool for analysing systems of industrial relations and their functions. The purpose of this thesis is to deepen the understanding of the function of the ESD in relation to the development of EU legislation and policy with the aim of trying to find a model for providing a holistic analysis of regulatory systems for the labour market. The research questions are: ‘How can the significant differences and similarities between the ESD and the global ITF FOC campaign be understood?’ and ‘Why is the ESD generally regarded as lacking the capacity needed for producing results that improve working conditions, while the ITF FOC is considered to have such capacity?’ The theoretical framework used for the analysis is Luhmann’s theory on autopoietic systems. Since the thesis has a normative core I have applied a methodological model that consists of a two-layer analysis at both the empirical and theoretical level. Firstly an analysis of positivistic values has been carried out and secondly an analysis of hermeneutic values. The empirical material consists of documents and texts that can be considered part of or reflecting the communication of the studied systems. The main conclusion is that whereas the ITF FOC system is a traditional system of industrial relations based on the binary code of negotiable or non-negotiable between collective actors the ESD is a system of industrial relations based on a less clear binary code of discussable or non-discussable. The ESD is also subject to less developed communicative structures that negatively affect the system’s capacity both to produce results and to secure the efficient implementation and application of these results. This makes the ESD as a system more sensitive to hermeneutic values framing the programming of structurally coupled systems causing difficulties for the ESD to challenge such hermeneutic values.
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Rothermel, Jonathan Christopher. "Solidarity Sometimes: Globalization, Transnationalism, and the Labor Movement." Diss., Temple University Libraries, 2010. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/70450.
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Political SciencePh.D.
This dissertation investigates the role of global labor in international relations. I argue that global labor is mainly comprised of two parts: national union organizations and Global Unions. Global Unions are transnational labor organizations (TLOs) with a worldwide membership that were created by national union organizations to represent their interests internationally. I contend that Global Unions perform five interrelated functions for national unions. However, due to the inherent structural weaknesses of Global Unions, it is the national unions that, in fact, remain the critical force behind global labor. Therefore, I focus on the transnational activities of national unions. I identify three conditions that result in incentives for unions to choose strategies of labor transnationalism: the shrinking of national political opportunity structures, the increasing availability of international political opportunity structures, and the adoption of a social union or social movement unionism paradigm for union revitalization. Additionally, I identify three factors that inhibit labor transnationalism among national unions: diminishing resources, turf wars, and cultural barriers. I introduce the concept of complex labor transnationalism as an alternative approach to the more limited traditional practice of labor transnationalism. I disaggregate the activities associated with complex labor transnationalism into six types: communicative transnationalism, political transnationalism, steward transnationalism, protest transnationalism, collaborative transnationalism, and steward transnationalism. Furthermore, I conduct a case study on the state of labor transnationalism in the United States concluding that while most unions take a traditional approach towards labor transnationalism there is some evidence of complex labor transnationalism. Finally, I draw several conclusions about the role of global labor in international relations and outline three areas of potential growth.
Temple University--Theses
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Wilson, Colleen. "Nurses with human immunodeficiency virus or acquired immunodeficiency syndrome." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23974.
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This thesis will explore the various legal, administrative and ethical issues arising out of the situation in which nurse is HIV-positive or has AIDS. In contrast to the situation of patients suffering from AIDS or HIV, there has been little in the literature, whether legal or medical, on nurses who are infected. The rights and duties of these nurses, testing of nurses for the presence of HIV infection or AIDS and the issue of discrimination are among the matters discussed with reference to relevant legislation and ethical principles.
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Nyathi, Mthokozisi. "The right to organise: critiquing the role of trade unions in shaping work relations in post-apartheid South Africa." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003205.
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Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.
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Salters, Gregory A. "A Phenomenological Exploration of Black Male Law Enforcement Officers' Perspectives of Racial Profiling and Their Law Enforcement Career Exploration and Commitment." FIU Digital Commons, 2013. http://digitalcommons.fiu.edu/etd/877.
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This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201).
Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis of the data: (a) color and/or race does matter, (b) putting on the badge, and (c) too black to be blue and too blue to be black.
The deductive analysis used a priori coding that was based on Super’s (1990) archway model. The deductive analysis revealed the participants’ career exploration was influenced by their knowledge of racial profiling and how others view them. The comparative analysis between the inductive themes and deductive findings found the theme “color and/or race does matter” was present in the relationships between and within all segments of Super’s (1990) model. The comparative analysis also revealed an expanded notion of self-concept for Black males – marginalized and/or oppressed individuals.
Self-concepts, “such as self-efficacy, self-esteem, and role self-concepts, being combinations of traits ascribed to oneself” (Super, 1990, p. 202) do not completely address the self-concept of marginalized and/or oppressed individuals. The self-concept of marginalized and/or oppressed individuals is self-efficacy, self-esteem, traits ascribed to oneself expanded by their awareness of how others view them. (DuBois, 1995; Freire, 1970; Sheared, 1990; Super, 1990; Young, 1990). Ultimately, self-concept is utilized to make career and life decisions.
Current human resource policies and practices do not take into consideration that negative police contact could be the result of racial profiling. Current human resource hiring guidelines penalize individuals who have had negative police contact. Therefore, racial profiling is a discriminatory act that can effectively circumvent U.S. Equal Employment Opportunities Commission laws and serve as a boundary mechanism to employment (Rocco & Gallagher, 2004).
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Bhe, Vuyisile. "Critical analysis of the 2007 public service strike and its impact on the evolution of formalised collective bargaining in South Africa." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1043.
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Section 213 of the Labour Relations Act defines ’strike’ as the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between the employer and employee, and any reference to “work” this definition includes overtime work, whether it is voluntary or compulsory. According to Mcllroy: “As long as our society is divided between those who own and control the means of production and those who only have the ability to work, strikes will be inevitable because they are the ultimate means workers have of protecting themselves.” 1 The Constitutional Court justified the exclusion of a constitutional right to lock out and the inclusion of a constitutional right to strike by indicating that the right to strike is not equivalent to a right to lock out and is essential for workplace democracy. 2 The right to strike is essential to bolster collective bargaining and thereby to give employees the power to bargain effectively with employers. The employers on the According to the Constitutional Court employers enjoy greater social and economic power compared to individual workers and may exercise a wide range of power against workers through a range of weapons, such as dismissal, the employment of alternative or replacement labour, the unilateral implementation of new terms and conditions of employment, and the exclusion of workers from the workplace. To combat this and have a say in the workplace, the Constitutional Court held that “employees need to act in concert to provide them collectively with sufficient power to bargain effectively with employers and exercise collective power primarily through the mechanism of strike action”. The importance of the right to strike in creating workplace democracy is also reflected in a number of Labour Court and Labour Appeal Court judgments. other hand have economic strength that is used to bargain effectively. That is why the strike enjoys constitutional protection, whereas the lock-out does not.Abstract
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Beckfield, Jason. "The consequences of regional political and economic integration for inequality and the welfare state in Western Europe." [Bloomington, Ind.] : Indiana University, 2005. http://wwwlib.umi.com/dissertations/fullcit/3183488.
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Thesis (Ph.D.)--Indiana University, Dept. of Sociology, 2005.Source: Dissertation Abstracts International, Volume: 66-08, Section: A, page: 3111. Adviser: Arthur S. Alderson. Title from dissertation home page (viewed Oct. 5, 2006).
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Messamer, Gina Marie. "The connection between female business-owners and female lawyers and its impact on making partner." Thesis, The University of Iowa, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=1545466.
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The success of firm lawyers depends largely upon their ability to develop a clientele. Naturally, access to potential clients and the relationships between lawyers and their clients and potential clients are exceedingly important for client development. Various factors likely play into relationships between lawyers and business leaders, two important factors being homophily and in-group preferences. Both homophily and in-group preferences mechanisms would predict that law firms are more likely to assign clients to associates who bear certain similarities to those clients. Accordingly, associates who are more similar to the business community they serve are more likely to be assigned clients and awarded responsibility. In this way, a lawyers' success depends in part on the composition of the business community in which they operate. In making partnership decisions, law firms value associates' aptitude for client relations, thus incorporating these effects into promotion evaluations. This study asks the question: at the state level, to what extent does the success of female-owned businesses correlate to the success of female lawyers who work at law firms? Using a national survey of lawyers seven years after admission to the bar, logistic regression demonstrates that it is not the percentage of businesses in a state that are female-owned that influences the likelihood of making partner for female associates. Rather, the results show that the percentage of sales generated by female-owned businesses is the influential variable: as women generate a greater percent of a state's economic activity, female lawyers are in turn more likely to achieve the status of partner.
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Loriston, T. D. J. "Workers participation and workplace forums in the South African context." Thesis, Stellenbosch : Stellenbosch University, 1998. http://hdl.handle.net/10019.1/70387.
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Thesis (MBA)--Stellenbosch University, 1998.ENGLISH ABSTRACT: This study was undertaken with the aim to analyse the social significance of the new Labour Relations Act of the Republic of South Africa, Act 66 of 1995, with special emphasis on workers participation and the impact of the introduction of statutory workers participation on the Industrial Relations System. The Act was implemented on 1 November 1995. The Act provides for the establishment of Workplace Forums. The objective of the research is to examine the impact of the statutory introduction of workers' participation on the South African industrial relations system. The first legal infrastructure of South Africa's industrial relations system was created by the Industrial Conciliation Act of 1924, later to become The Industrial Conciliation Act (No 28) of 1956, and to evolve into The Labour Relations Act (No. 28) of 1956 in 1980. The New Labour Relations Act (No 66) 1995, came into force at the beginning of 1997 with the final passage of The New Constitution 1996. Whereas the old Act with all its amendments imposed a statutory machinery for the resolution of conflict stemming from an adversarial relationship, the new Act presents machinery to the opposite, namely that of deregulation by the State and the promotion of co-operation. In the drafting of the new Act by a task team over nine months only, strong attention was given to the advice of German experts, i.e. the experience of and from a country that led in this particular area after World War II. In fact, certain principles and mechanisms were literally incorporated into Chapter V. If it is considered that Germany received a New Constitution in 1949 and deduced from its Bill of Rights all worker rights in an attempt to transfer the principles of political democracy into the work situation in the form of "Industrial Democracy" by enshrining these progressively into the legislation to this effect, a comparison with South Africa is illuminating. Similarly to Germany in 1949, South Africa received a new democratic constitution in 1995 in the political sphere with a strong influence on the industrial relations system and made its first attempt of legislating for workers' participation by means of ChapterV.
AFRIKAANSE OPSOMMING: Hierdie studie is onderneem met die doel om die sosiale invloed van die nuwe Wet op Arbeidsverhoudinge, Wet 66 van 1995 na te speur, met spesiale klem op werkersdeelname en die impak wat die instelling van statutere werkersdeelname op die arbeidsverhouding sisteem sal he. Die Wet het op 1 November 1995 in werking getree. Die Wet maak voorsiening vir die skepping van Werkplek Forums. Die doelwit van hierdie studie is om die invloed van die statutere instelling van werkplek forums op die Suid-Afrikaanse arbeidsverhoudinge sisteem te ondersoek. Die eerste statutere infrastruktuur van die Suid-Afrikaanse arbeidsverhoudinge sisteem is geskep deur die Nywerheidsversoeningswet van 1924, wat later die Nywerheidsversoeningswet (No 28) van 1956 geword het, en as die Wet op Arbeidsverhoudinge (No.28) van 1956 in 1980 verander is. Met die totstandkoming van die Nuwe Grondwet in 1996 en die politieke demokrasie wat daaruit voortgespruit het, is die Nuwe Arbeidsverhouding Wet (No 66) 1995 aan die begin van 1997 geimplimenteer. Die ou Wet het voorsiening gemaak vir geskiloplossing in 'n teenstrydige klimaat. Die nuwe Wet, daarenteen, maak voorsiening vir deregulering deur die Staat en die insluiting van 'n kanaal van samewerking in die arbeidsverhoudinge stelsel. Met die opstel van die nuwe Wet is daar sterk gesteun op die raad van Duitse kenners wat die nodige ondervinding op hierdie gebied reeds na die Tweede Wereldoorlog in hulle eie land opgedoen het. Duitsland is immers 'n leier in hierdie veld. Sekere kernbegrippe en meganismes is feitlik net so in hoofstuk V vervat. As ons in ag neem dat Duitsland in 1949 'n Nuwe Grondwet ontvang het en dat hulle van hulle Handves van Menseregte werkersregte afgelei het in 'n poging om die beginsels van politieke demokrasie na die werkplek oor te dra in die vorm van "nywerheidsdemokrasie" en dit progressief deur wetgewing te verskans, is 'n vergelyking met Suid-Afrika insiggewend. Net soos Duitsland in 1949, het Suid-Afrika ook in 1995 'n Demokratiese Grondwet ontvang en daarmee saam in die politieke sowel as die arbeidsverhoudinge veld sy toetrede gemaak tot statutere werkersdeelname deur middel van Hoofstuk V.
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Chennels, Jack Francis Erskine. "Corporate governance and labour relations: a sustainable partnership." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12890.
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Haghighi, Mohammad Bagher Nobakht. "The role of labour law in labour relations and the labour market in Iran." Thesis, University of the West of Scotland, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.744768.
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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, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.
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Yeung, Siu-hung Polly. "Labour policy and the employment ordinance." Click to view the E-thesis via HKUTO, 1991. http://sunzi.lib.hku.hk/hkuto/record/B42574195.
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Kutumela, Malose Titus. "Legislative framework governing labour broking in South Africa." Thesis, University of Limpopo (Turfloop Campus), 2013. http://hdl.handle.net/10386/1134.
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Thesis (LLM (Labour law)) --University of Limpopo, 2013The study will analyse section 198 of the Labour Relations Act of 66 of 1995. The section is the founding provision of labour broking and also provides for joint and several liabilities between the client and the broker in instances of infringement of this section. The utilization of labour brokers in South Africa has sparked debates between various stake-holders, with the other side arguing that labour broking should be banned it diminishes the rights of employees. In order to resolve the challenge relating to labour broking the study will make comparative analysis with the Namibian jurisprudence. The study takes full cognize of legislative framework governing labour broking and determines whether the available legislation provide full protection of labour rights. Through case law the study will highlight the constitutional challenges o labour broking in South Africa and challenges faced by employees employees employed through labour broking. The study concludes tht the regulation of labour broking is appropriate as the industry creates employment nd thus alleviates poverty and that the total ban labour broking in South Africa would be detrimental to those who seek employment without the necessary skills and qualifications.
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Nyakundi, Freda Moraa. "Development of ADR mechanisms in Kenya and the role of ADR in labour relations and dispute resolution." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15173.
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Alternative Dispute Resolution (ADR) is a vastly growing enterprise in conflict management the world over. Its application in managing labour relations and the attendant disputes has been tested and is well settled. Kenya, in recognition of this phenomenon, has adopted a legal framework making provisions for both ADR and Labour rights in its most supreme law, the Constitution of Kenya, 2010. This informs the theme of the current study. The disciplines that are ADR and labour relations are overwhelmingly extensive. Thus they cannot find conclusive commentary in a single book leave alone a thesis with a predicated word count. This paper is neither a one stop-shop treatise nor an integral text on either disciplines but a comprehensive commentary, on the interplay between ADR and labour relations. Fair treatment has been accorded and care has been borne to neither starve one nor belabor the other. It is a commentary spanning eons, reaching out to the past, tracking development and addressing the prevailing circumstances in respect of ADR's application in labour dispute resolution in Kenya. The rich literature review (books, statutes, conventions, journals, articles) quoted is as informative as it is illuminating, and presents a wealth of knowledge. The overall aim is to assess the place of ADR in labour relations in Kenya and spur academic, intellectual and sector-wise debate on the foregoing.
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Wood, Lisa. "Unintended consequences of legislation : an inquiry into the constitutionality of Section 194 of the Labour Relations Act." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20796.
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A fundamental adjustment to our perspectives on the systemic inequalities that exist in South Africa is necessary. Our seemingly neutral laws need to be reassessed to fully understand their practical impact. Section 194 of the Labour Relations Act provides an overtly neutral law in the form of a limitation on the compensation awardable in employment matters. The limitation is the equivalent of either 12 or 24 month's remuneration. The text expresses that compensation must be 'just and equitable', but subject to the limitation. The judges and commissioners that have heard such employment matters have taken this concept of 'just and equitable' and interpreted it to either mean recovering loss suffered, or fairness on a sliding scale of 1 to 12 or 1 to 24 months' remuneration, depending on the case. This dissertation will argue that any text or interpretation of section 194 that utilises remuneration as its sole measurement, is constitutionally invalid. This is because systemic racial and gender inequality in South Africa prevent a free market of opportunity concerning the salaries available to a statistically significant number of women and black persons. The provision in question may not directly intend to differentiate between races and genders, but the indirect effect of the text and interpretation of section 194 is to cause disproportionate disadvantage to certain groups of persons. This dissertation will use case law to bring the unjust impact of section 194 to light; it will then suggest that any use of remuneration as a standard or measure will always create a prima facie case of unfair discrimination on the grounds of race and gender - at least in our country's current economic circumstances. The essential point is that differentiation on the ground of remuneration is inherently indirectly discriminatory, and will, therefore, always require justification for its use. This dissertation will then go on to inquire into the constitutionality within the context of section 194 - ultimately, the conclusion is that the current interpretation which quantifies compensation solely in terms of remuneration, as well as the text of the limitation on compensation that limits in terms of remuneration, cannot withstand constitutional scrutiny. This is followed by recommendations on how to move forward within the bounds of the Constitution. Racial and Gender inequality are embedded within the fabric of South Africa. It is imperative that we reassess the unintended effects of our laws if we are to achieve one of the fundamental goals of the Constitution: equality.
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Quiñones, Infante Sergio. "Brief review of the historical evolution of Labour Law." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123675.
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In this article, the author presents the theme of the historical evolution of Labour Law, analyzing the most important milestones in which it develops. Firstly, he addresses the regulation of work in the preindustrial era; then, the emergence of Labour Law as a result of historical and social factors; and finally, its evolution throughout the twentieth and twenty-first century, concluding that this development has come to be circular.En el presente artículo, el autor abarca el tema de la evolución histórica del Derecho del Trabajo, analizando los hitos más importantes en los que se desarrolla. En primer lugar, aborda la regulación del trabajo en la época preindustrial; a continuación, el surgimiento del Derecho del Trabajo a consecuencia de factores histórico-sociales; y, finalmente, su evolución a lo largo del siglo XX y XXI, concluyendo que esta evolución ha terminado por ser circular.
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Fleming, James. "The Moral Economy of Swedish Labour Market Co-operation and Job Security in the Neoliberal Era." Thesis, Uppsala universitet, Institutionen för kulturantropologi och etnologi, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-447536.
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In the neoliberal era, there has been a global trend towards increased labour market insecurity and inequality, even in countries traditionally emblematic of union strength and socio-economic security such as Sweden. In this study, I present the first ethnographic research conducted in anthropology of negotiations between the central Swedish union and employer peak bodies (known as the ‘labour market partners’). These negotiations were conducted in 2020 against the background of a political crisis and political pressure to modernise and liberalise longstanding and fundamental job security protec- tions in the Employment Protection Act (LAS). Through the lens of these negotiations, I investigate the role of the labour market partners in moderating neoliberal trends and how the partners see their relationship and role in society. I investigate, for example, why Swedish employers support unions and a system that ostensibly curbs their own power. I employ the notions of moral economy and em- bedding to look beyond economic self-interest, to the moral and institutional norms that help explain the partners’ co-operation over time and the role they see themselves as playing as guardians of the social peace. I also incorporate interview material describing diverse workers’ experiences of the current job security protections under LAS. I argue that workers’ voices and experiences reveal a parallel moral economy, where current job security protections are revealed to be important but inadequate, and that job security is a highly nebulous, ambivalent and contextual phenomenon. I argue the moral economy of job security is one of entangled reciprocity between employer, worker and the state, and I consider the proposed reforms in this context. The study shows that even in the context of increasing market- isation of labour and society, reciprocity and cooperation both at the workplace and during the LAS negotiations serve to de-commodify labour and embed the economy in various moral norms. In this way, the research contributes to the anthropological literature on embeddedness and moral economy. It also contributes to both an ethnographic and theoretical understanding of job security.
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Hwani, Gilbert. "Interpreting the 2015 amendments to the Labour Relations Act 66 of 1995 in light of the underlying purpose of South Africa's labour laws." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16539.
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Includes bibliographical referencesThe aim this dissertation is to establish what the purpose of labour law is and thereafter determine whether or not the Labour Relations Act 66 of 1995 (LRA) is doing enough to make sure that such purpose is realised. It is important to note that this paper is only limited to the purpose of labour law and the application of the LRA as far as non-standard workers (particularly temporary employment services) are concerned. If the purpose of labour law is established it will be easier for the legislator to focus the developments of the LRA in line with the desired purpose. Furthermore, an understanding of the purpose of labour law, makes the job of the courts much easier when it comes to the interpretation of such provisions. In doing so the non-standard workers will be protected from some of the difficulties which they are currently facing in the workplace.
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Pilarczyk, Ian C. "The law of servants and the servants of law, judicial regulation of labour relations in Montreal, 1830-1845." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ50959.pdf.
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Huang, Chu Cheng 1964. "Conflict of labour laws in international air transport : an analysis of the American practice." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69747.
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This thesis deals with the problems of conflict of labour laws in international air transport, in the context of U.S. judicial practice in relation to the constitutional law-based labour statutes, employment accident statutes and labour management relation laws.The first chapter provides an overview of the methodology adopted in conflict of labour laws under the U.S. jurisprudence, mainly focusing on the balancing-of-interests technique crystallised through precedents. The compatibility problem involved in dealing with conflicts within international airline industry is also briefly discussed.
A detailed review of different categories of labour statutes in later chapters reveals specific conflict of laws problems that could not be solved through any single rule, especially when in international air transport setting. The divergence between domestic labour statutes and Treaties of Friendship, Commerce and Navigation or Air Transport Agreements also create subtle circumstance. All these point to the conflict of labour laws in international air transport as a relatively unexplored sphere, and the desirability of international unification of certain principles.
The implications for the rather unique case of Taiwan are explored in chapter 5.
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Masimbe, Tawanda. "Protection versus flexibility: a critical analysis of the new labour brokering provisions introduced by the 2014 amendments to the Labour Relations Act, 66 of 1995." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20863.
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The paper will focus primarily on Labour Law with a particular emphasis being placed on the amendments to the LRA that deal with labour-broker employees. In order to fulfil this endeavour, the perceived purpose of labour law will be looked at to inform a discussion of what the amendments should be aiming to achieve. Further reference will also be made to fundamental International Labour conventions in order to enlighten the analysis.
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Martišienė, Beata. "Civil Aspects of Legal Regulation of Labour Relations." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120629_152523-45022.
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Summary of doctoral dissertation introduces the object, purpose and tasks, the novelty, actuality and originality of the dissertation. As well as this, the methodology, sources and the structure of the dissertation are given. Main conclusions and results of the research are being presented. Finally, the list of scientific publications and personal details about the author of the dissertation are given.Disertacijos santraukoje apibrėžiami darbo objektas, tikslai ir uždaviniai, taip pat mokslinio darbo naujumas, originalumas ir aktualumas. Kartu pateikiami pagrindiniai darbe naudoti metodai ir šaltiniai. Pristatomos pagrindinės ir svarbiausios moksliniame tyrime pasiektos išvados ir ginamieji teiginiai. Galiausiai pateikiama bendra informacija apie disertacijos autorę ir jos mokslinių publikacijų disertacijos tema sąrašas.
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Roy, Michel (J Michel L. ). Carleton University Dissertation Law. "Equalization and labour relations; a tentative reconstruction of Teubner's model of reflexive law." Ottawa, 1995.
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Allsop, Geoffrey Charles. "Does the labour relations act unjustifiably limit the constitutional right of employees to freedom of assembly? Examining the constitutionality of the prohibition on purely political protest action and gatherings by off-duty employees over disputes of mutual interest." Master's thesis, Faculty of Law, 2019. https://hdl.handle.net/11427/31692.
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This thesis examines whether the Labour Relations Act 66 of 1995 (‘LRA’) justifiably limits the constitutional right to employees to freedom of assembly in accordance with s36(1) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’). This question is considered in two broad parts. The first part demonstrates two limitations. First, the inability of s77 of the LRA to provide legislative protection to employees who wish to embark on socioeconomic protest action over a purely political issue. Second, the LRA’s prohibition on off-duty employees utilising the Regulation of Gatherings Act 205 of 1993 (‘RGA’) to demonstrate against their employer over a dispute of mutual interest. While no court has yet considered if the LRA prohibits purely political protest action, the Labour Appeal Court in ADT Security v NASUWU 2015 (36) ILJ 152 (LAC) (‘ADT Security’) held that is unlawful for off-duty employees to demonstrate over a dispute of mutual interest under the RGA. The first part begins by establishing how the LRA’s statutory definition of protest action cannot, in its current form, protect purely political protest and how this limits the constitutional right of employees to free assembly. Similarly, it explains how ADT Security clearly establishes that the LRA limits the constitutional right of employees to freedom of assembly by infringing their constitutional right to assemble and demonstrate in compliance with the RGA. The second part tests both limitations against s36(1) of the Constitution, the limitation clause, to assess if either infringement justifiably limits the constitutional right of employees to freedom of assembly, enshrined in s17 of the Bill of Rights. Considering the factors in s36(1)(a)-(e) of the Constitution, and other relevant factors, it examines if the purpose and reasons for either limitation are sufficiently compelling so as to be reasonable and justifiable. It concludes by arguing both limitations unjustifiably limit the constitutional right of employees to free assembly. Two recommendations are made. First, that the LRA be amended to expressly permit employees to demonstrate over disputes of mutual interest, in compliance with the RGA, in certain circumstances. Second, that the LRA be amended to expressly permit purely political protest action, provided the protest action is limited in scope and duration and subject to oversight by the Labour Court.
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Madima, Takalani Samuel. "Freedom of association and the right to trade union activity : international labour standard in South African industrial laws." Thesis, University of Essex, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.333412.
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Zou, Mimi. "The legal construction of migrant work relations : precarious status, hyper-dependence and hyper-precarity." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:4169b543-2a30-434c-a512-ada39d509a10.
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This thesis is concerned with the ways in which the laws and policies governing labour migration shape the relationship between migrant workers, employers, and labour markets in advanced industrialised countries. Specifically, it elucidates the intersections of immigration and labour market regulatory norms, structures, and processes that have salient implications for migrants’ work relations. The notions of ‘hyper-dependence’ and ‘hyper-precarity’ are developed as the main analytical and normative lenses in this thesis for examining the particular vulnerabilities associated with migrants’ precarious statuses under contemporary labour migration regimes. Hyper-dependence refers to an acute dependence that transcends the immediate context of an employment relationship, where other aspects of a worker’s life critically depend on that employer. For migrant workers, hyper-dependence may arise where their legal statuses is tethered to a specific employer sponsorship, accompanied by other de jure and de facto restrictions on their labour mobility. Hyper-precarity seeks to capture the multifaceted insecurities and uncertainties in migrants’ work relations and their broader migration projects, which are linked to their exclusion, in law and in practice, from a wide array of social, economic, and civil rights in the host state. Engaging with the various and often competing goals and concerns of immigration law and labour law, the two concepts of hyper-dependence and hyper-precarity are developed and applied through an in-depth comparative analysis of the legal and regulatory architectures of two contemporary temporary migrant workers’ programmes (TMWPs): Australia’s Temporary Work (Skilled) Subclass 457 Visa (‘457 visa’) scheme and the United Kingdom’s Tier 2 (General) visa scheme. In recent years, TMWPs in advanced industrialised countries have been touted by global and national policymakers as a desirable labour migration instrument that delivers ‘triple wins’ for host states, home states, and migrants and their families. I situate the normative concerns of the legally constructed hyper-dependence and hyper-precarity in the ethical debates on TMWPs in liberal states. I also consider how the worst extremes of the two ‘hyper’ conditions combined in highly exploitative work relations could be ameliorated, and in doing so propose some ideas for reforming key features of current TMWPs to enable migrants to exit any employment relationship and to resort to a range of voice mechanisms in the workplace.
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Musukubili, Felix. "A comparison of the South African and Namibian labour dispute resolution system." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1040.
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The dynamic social and economic conditions in Namibia warranted a periodic review of labour legislation. Given these needs, uhe then Ministry of Labour, undertook a project in 1998, to assess the effectiveness of the first post kndependence Labour Act, 1992 (Act No 6 of 1992) a trirartite task force was established which recommended the amendment of the 1992 Act. This led to the enactment of the Labour Act, 2004 which introduced a new system of dispute prevention and resolution. However, the 2004 Act could not be put into effect in its entirety, because of its technical flaws and the fact that the Namibian Employers Federation (NEF) took issue with some of the provisions of the Act, such as leave provisions. In 2005, the Ministry of Labour and Social Welfare with its social partners undertook a complete technical review of the entire 2004 Act. As a result, In 2007, the new Labour Bill 2007 was tabled in Parliament, which eventually adopted it as the Labour Act, 2007 (Act No 11 of 2007) which became operational on the 1st November 2008. The new Labour Act, 2007 (Act No 11 of 2007) brings in sweeping changes to the familiar terrain of labour law and industrial relations practice in Namibia. The new Act, has done aware with the District Labour Court system, in its place comes the Labour Commissioner. The rudimentary dispute- settlement mechanisms of the old (first ) Labour Act, 1992 ( Act No 6 of 1992) have made way for the more sophisticated, yet speedier and more economical system of alternative dispute resolution through arbitration and conciliation by the Labour Commissioner. The Labour Act, 2007, requires parties to the labour dispute to seek conciliation before either taking industrial action or seeking adjudicative solutions to the dispute. Not only does the Labour Act, establish or makes provision for the appointment of the Labour Commissioner to provide for dispute resolution, it also permits parties to establish their own process for dispute resolution through a private arbitration route. Faced with this daunting array of untested rules and institutions, I have approached the writing of this work with some trepidation. My aim is to provide a thoroughgoing commentary on the provisions relating to dispute resolution. In the absence of much authoritative interpretation, I had to rely heavily on past practices and foreign South African precedents to identify the construction that judges and arbitrators are likely to arrive at. The present treatise provides a, comprehensive and integrated commentary for all involvement in the resolution of labour disputes in Namibia; it further provides rules and procedures which govern statutory disputes resolution through the Labour Commissioner. I sincerely hope that this paper, will prove useful to all those involved in labour law and industrial relations practice, as well as to teachers and students of this subject.
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Wouters, Mia. "Impact of changing regulatory environments on labour relations between pilots and airlines : the Belgian and Canadian System." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66115.
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Musukubili, Felix Zingolo. "Towards an efficient Namibian labour dispute resolution system : compliance with international labour standards and a comparison with the South African system." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018942.
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The thesis examines the Namibian labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. It describes the legal provisions that exist for the effective and efficient resolution of labour disputes through an alternative dispute resolution (ADR) system, which is given recognition in national labour legislation, and in a number of international labour standards and regional labour instruments. It argues for the provision of a proactive and expeditious dispute resolution system that helps to resolve labour disputes in the most effective and efficient manner, without necessarily having to resort to the courts. The study examines the provisions of relevant international labour standards on labour dispute resolution to ascertain their adequacy as part frameworks that apply to Namibia and South Africa’s obligation to provide ADR systems that respond to the needs of the labour relations community. It is argued that ratifying particular ILO conventions creates obligations to comply with their provisions, and to apply them in national legislation and in practice. It is further argued that by having ratified those international labour standards that provide for ADR, Namibia assumes specific obligations under international law, enjoining the country to provide the required ADR system of conciliation and arbitration, which is credible and trusted by disputants and the general public. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The focus of the comparison is on whether the South African ADR system can inform Namibia’s application of its newly adopted ADR system. South Africa has a labour dispute resolution system that has influenced Namibian labour law, prompting Namibia to borrow its ADR system from South Africa’s advanced Commission for Conciliation Mediation and Arbitration (CCMA). In this sense, it is submitted that there are fundamental similarities and differences in the two respective systems. Ideally, disputes should be resolved at conciliation level, resulting in the minority of disputes being referred to arbitration or the Labour Court. In terms of implementation, it is argued that despite the international obligation and commitment to provide and make available free and expeditious ADR services, there are gaps that exist between the legal framework regulating the ADR system and the application thereof in practice, making the attainment of effective and efficient labour dispute resolution difficult. Disputes should be resolved as quickly and informally as possible, with little or no procedural technicalities, and without allowing them to drag on indefinitely, offering immediate solutions instead. This is far from the reality of the situation. In contrast, the study found that although the Labour Act, 2007 and the South African Labour Relations Act (LRA) have brought statutory dispute resolution within the reach of the ordinary worker, these Acts may have compounded the problems relating to dispute resolution in the respective countries. The statutes in question have created sophisticated systems of dispute resolution in which most role players are seen as failing to operate as a result of the complex and technical processes of dealing with disputes. For this reason, the author proposes several remedial interventions that look to the future and the continued provision of fast, effective and user-friendly ADR services. Solving these problems and making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
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Foca, Nolusindiso Octavia. "The role of the education labour relations council in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021054.
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The 1996 Constitution provides workers with the right to form and join trade unions and to participate in the activities and programmes of those trade unions. The organizational and associated rights contained in sections 23(2)-(4) of the Constitution of Republic of South Africa, form the bedrock of a labour-relations system characterized by voluntarist collective bargaining. The constitutional protection that the above section gives to these organisational rights shields the trade unions and employer organisations from legislative and executive interference in their affairs and in turn, inhibits victimisation of and interference in trade unions by employers. One of the expressly stated purposes of the Labour Relations Act of 1995 (hereinafter referred to as the “LRA”) is to promote collective bargaining and to provide a framework within which employers, employers’ organisations, trade unions and employees can bargain collectively to determine wages, terms and conditions of employment, other matters of mutual interest and to formulate industrial policy. Notwithstanding the above purpose, the Act does not compel collective bargaining, with the result that the courts have no role in determining, for example, whether an employer should bargain collectively with a trade, what they should bargain about, at what level they should bargain or how parties to a negotiation should conduct themselves. Despite this, by extending and bolstering the right to strike, the LRA has effectively empowered trade unions to have recourse to the strike as an integral aspect of the collective bargaining process. The LRA provides a framework that is conducive to collective bargaining and thus providing for the establishment of bargaining councils. The purpose of this treatise is to examine the role played by the Education Labour Relations Council (hereinafter referred to as the “ELRC”) as one of the sectoral bargaining councils in the Public Service, in collective bargaining. In order to place this discussion in context, it is valuable to know the history of industrial relations and collective bargaining in South Africa.
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Hemsley, Michael Norman. "The constitutionality of section 32 of the Labour Relations Act." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/11070.
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Collective bargaining is the process whereby employees act as a collective unit whilst negotiating terms and conditions of employment with employers. The collective unit typically takes the form of a trade union, mandated by its members to negotiate on their behalf. By negotiating collectively the inherent imbalance of power between employer and individual employee is seen to be neutralised. The process of collective bargaining enjoys legal status in South Africa and around the world. The Industrial Conciliation Act of 1924 institutionalised collective bargaining for the first time in the form of the Industrial-Council system. This sectoral bargaining system stood firm throughout the pre-democracy period but initially excluded non-white employees. Industrial unrest in the 1970s was the catalyst for the Wiehan commission which ultimately brought all employees into the fold. By the dawn of democracy in South Africa the bargaining system enjoyed wide-spread support and legitimacy. This was particularly so amongst the COSATU-led labour movement which enjoyed a position of political strength. This support and strength were reflected in the contents of both the Labour Relations Act and the Constitution which enshrined the constitutional right to engage in collective bargaining. Possibly the most debated aspect of the Council system has been the question of extending agreements to non-parties. Those in favour argue that the Council system cannot function in the absence of extensions. This is so because what would then effectively be a voluntary system would not attract sufficient volunteers. Those against argue that extensions act as a barrier to economic activity, particularly for small and new businesses. Legislation has, since 1924, facilitated the extension of agreements as long as certain criteria are met. Section 32 of the Labour Relations Act is the current extension vehicle. The extension criteria have vacillated over time and especially so in recent history with section 32 being subject to change in every post-democracy amendment to the Act. Possibly the most serious challenge to the extension status quo has come in the form of a constitutional challenge by the Free-Market Foundation. The Foundation advances old economic arguments but links these to an alleged impingement of constitutional rights. The challenge comes at a time when the country is experiencing the most significant socio-political turbulence since democracy. This includes the most enduring strike in our history, a landmark-employer lock-out and a parliamentary facelift. The Metal and Engineering Industries Bargaining Council oversees the biggest manufacturing sector in the South African economy. This status prompted the Council to submit its own responding papers in the Free-Market case. Particularly fascinating is that an employer party to the Council not only supports the Foundation case but has also lodged its own proceedings against the extension of the 2014 Engineering agreement. Both these cases are still pending and the outcomes have the potential to transform the political and economic landscape of our country.