Dissertations / Theses on the topic 'S26 of the Labour Relations Act. 66 of 1995'

Section 26 of the Labour Relations Act 95 of 1996 makes provision for the introduction of closed shop agreements at the workplace between majority unions and employers. All employees covered by such agreements are required to be members of such unions or otherwise face the possibility of dismissal. "Conscientious objector" employees are an exception to this rule. The purpose of this submission is to investigate the constitutional validity of s26 in the light of the fundamental right to freedom of association in the Constitution of the Republic of South Africa, 1 996 whilst investigating the position of "conscientious objectors" in certain foreign jurisdictions.
Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

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.

Magister Philosophiae - MPhil
In the South African employment context, temporary employment service (hereinafter referred as TES), also known as labour broking, is regulated by the Labour Relations Act.1 Under the previous LRA (prior 2014 legislative amendments), employees of TES have been challenged in respect of exercising their labour law rights and that subjected them to exploitation. Such exploitation called for the government of South Africa to effect some amendments on the LRA with a view to protect TES employees. This was done through Labour Relations amendment Act no 06 of 2014, which came into force in August 2014. The relationship in TES involved three parties, such as, client, labour broker and an employee. A labour broker entered into a commercial contract with a client, in terms of which the former would provide employees to the client. An employment contract will then be entered into between labour broker and an employee. The duration of employment contract would mostly be determined by as long as the client requires services of a placed employee. No employment contract was entered into between an employee and the client. This is despite the fact that a client had directly enjoyed services of the employee.

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

One of the most dramatic events in any employee’s working career is to be dismissed and even more so if the employee regards the dismissal as unfair. The right not to be unfairly dismissed is considered one of the most basic workers’ rights in South Africa and is also contained in Convention C158 of the International Labour Organization (ILO). Section 23(1)(a) of the South African Constitution states that: “[e]veryone has the right to fair labour practices.” Labour legislation gives effect to this right in section 1(a) and 1 (b) of the LRA which states: “to give effect to and regulate the fundamental rights conferred by section 23 of the Constitution; to give effect to the obligations incurred by the Republic as a member state of the ILO.” Section 185(a) of the Labour Relations Act also states that: “[e]very employee has the right not to be unfairly dismissed.” Section 188(1)(a) – (b) expands on this protection against unfair dismissal by providing that a dismissal will be unfair: “if the employer fails to prove … that the dismissal was effected in accordance with a fair procedure”. The pre-dismissal procedures that must be followed by the employer have been codified to some extent in the Code of Good Practice: Dismissal, contained in Schedule 8 of the LRA. In terms of section 138(6) and section 203(3) of the LRA, commissioners who are required to determine if a dismissal was procedurally fair are compelled to take Schedule 8 into consideration. The main objectives of this thesis were to critically evaluate the content and application of those provisions of Schedule 8 that establish procedural requirements to disciplinary enquiries and to recommend possible changes to the Code of Good Practice: Dismissal. It is apparent that the procedural requirements for a disciplinary enquiry in terms of Schedule 8 are vastly different from those that still form the basis of most disciplinary codes and procedures implemented by employers after the Mahlangu v CIM Deltak judgment of the former Industrial Court in 1986. It is also clear that the principles of ILO Convention C158 are given effect in South Africa’s dismissal law. Procedural fairness in disciplinary enquiries does not lie in elaborate, complex and rigid court-like procedures but in flexibility and in adhering to the audi alteram partem principle. A disciplinary enquiry is not a court case and the workplace is not a court of law. The belief that South Africa’s dismissal law is rigid and inflexible is inaccurate. A comparative analysis of South African dismissal law with ILO Convention C158 and three other international jurisdictions clearly demonstrates that the dismissal regime in South Africa makes provision for flexibility. Employers, employees, trade unions, labour consultants and lawyers are all to blame for the formal court-like procedures that form the basis of most disciplinary enquiries in the workplace in South Africa today. The guidelines provided by Schedule 8 are in line with the ILO’s principles. Consequently disciplinary enquiries should be handled according to those principles. The disciplinary codes and procedures of employers should be amended to reflect the core principles of ILO Convention C158 and the five basic guidelines contained in Schedule 8. Furthermore disciplinary codes and procedures should not be used as an inflexible set of rules but as a guideline from which some deviation is permissible in certain circumstances.
Thesis (PhD)--University of Pretoria, 2010.
Human Resource Management
unrestricted

The thesis covers the field of labour law known as employee participation in decision-making. It deals with the examination of the extent to which the Labour Relations Act 66 of 1995 (the Act) promotes employee participation in decision-making. Firstly, the analysis shows that employee participation in decision-making is an aspect of democracy, which is translated into industrial democracy in industrial relations. In South Africa the philosophical foundation of employee participation is supported by the Constitution of the Republic of South Africa Act 108 of 1996 which embodies democratic values permeating all areas of the law including labour law. Secondly, the study elucidates the jurisprudential background of employee participation in South Africa. There is evidence of the development of some principles of participation like consultation; information disclosure; and the existence of participatory forums like works councils under the LRA 28 of 1956. Thirdly, in evaluating the extent to which the LRA 66 of 1995 promotes employee participation, the following aspects are covered: the relevance and contribution of information disclosure; the effect of consultation prior to dismissal for operational requirements; the role of collective bargaining; and the contribution of workplace forums. The conclusion is reached that all the foregoing aspects of the LRA 66 of 1995 will contribute to the promotion of employee participation in decision-making. The Labour Court and the Commission for Conciliation Mediation and Arbitration can also ensure that in interpreting the Act employee participation is promoted where appropriate. Finally, employers and employees will have to accept this necessary partnership for the entrenchment of employee participation in decision-making.

Thesis (MPA. (Public Administration) -University of Limpopo, 2008
Today, in South Africa, as we grapple with challenges brought by our new democracy, its appropriate to have practical guide that guide that can be used not primarily on issues of labour relations but also on issues of service delivery improvements. This study comes at the most opportune time, when all involved have to help shaping the public service and to come to grips with the implications of Labour Relations Act, 1995 (Act 66 of 1996). The study’s main objective is to find out the major labour related conflicts that are prominent at Mokopane Provincial Hospital and broadly discuss them in order to find out if they are threats to service delivery. After identifying threats to service delivery, it shall be appropriate to recommend through the application of the Labour Relations Act, 1995 (Act 66 of 1995), important areas that will enhance service delivery. In brief, this study is intending to close gaps between labour relations issues and service delivery.

Economies worldwide have become more integrated and competitive due to the phenomenon of globalisation and its antecedents, which are improved technological communication, the use of technology in production, ever improving management of skills as well as standards of education. Amongst the consequences have been changing demands and rising expectations in terms of employee remuneration, job security and conditions of work. This has at the same time been accompanied by employers expecting greater profit. Against this backdrop, this treatise seeks to interrogate and to explain the processes that should constitute fair, rational and justifiable employee dismissal for operational purposes. This is done bearing in mind the global economic crisis and its impact on employees. The treatise constitutes an attempt to carve a cushioning mechanism for employees in the midst of the global economic storm. We consider the inadequacies of common law principles. We also submit that section 189 in its present form and its application by courts do not provide for substantive fairness interrogation when dealing with dismissal for operational reasons. We explore the legislative framework, interpretation by leading academics as well as applications by courts of section 189A, which prescribes that if dismissal is based on operational reasons, consideration must not only be based on substantive and procedural fairness but also that proper consideration of alternatives must have been explored before dismissal is effected.

Includes bibliographical references
The 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.

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.

This study sought to explore and explain the impact of labour laws on small firms, focusing on employer perceptions of the Labour Relations Act of 1995 and the Basic Conditions of Employment Act of 1997 in three towns of the Eastern Cape. It is important to focus on this impact of labour laws on these firms because of the high unemployment that faces the country. In this regard, it must be emphasised, firstly, that small firms are central to job creation; therefore, they contribute to a reduction in the unemployment rate; hence, the strategies created by the government to reduce any burdens (including regulatory burdens) on small firms. It is therefore important to study the impact of labour law on small businesses in order to assess the regulatory burden on small firms. The theoretical framework which underpins this study on the impact of labour law on small firms arises from the neo-corporatist critique of neo-liberalism. The two frameworks maintain the extent to which the government should intervene in the industrial relations system. Liberalism maintains that there should be a minimum role of the government, which involves only the facilitation of a framework for negotiations between employers and employees. Corporatism, however, maintains a social democratic approach, and holds that there should be an active role of the government in the industrial relations system with business, labour and the state working co-operatively (Klerck, 2009). This theoretical framework therefore shapes the extent to which employers perceive labour laws or state’s regulatory role impacts small businesses. The data was collected through the qualitative inquiry; using face-to-face, semi-structured interviews. The findings in this study included negative employer perceptions of labour laws. More specifically, many of the employers that were interviewed claimed that labour laws were burdensome on their businesses. They claimed that labour laws imposed financial and administrative costs to their firms, negatively affected the employer-employee relationships in these firms as well as the employing decisions of the employers. As a result, the employers saw labour laws as undermining flexibility and imposing unfair rigidities on small firms. Furthermore, employers perceived South African labour laws as not addressing the unique iii circumstances of small firms. They maintained that labour laws treated small firms similarly to large firms. Even though the employers held these perceptions of labour laws, it was evident that these subjective perceptions did not reflect the objective impact of labour laws on small firms. This was firstly related to the fact that many of the employers that were interviewed had negative views of labour laws but these views were not substantiated by particular events in their firms. Secondly, it was revealed that the employers’ perceptions of labour laws were based on their misconception or misunderstanding of labour law. Thirdly, it was revealed in this thesis that small firms were not affected in the same way to big firms by labour regulation. This was related to the fact that many of the small firms’ employers that were interviewed tended to be less concerned by regulation. Specifically, although many employers that were interviewed claimed that labour laws were burdensome on their firms it was evident that regulation was avoided because of the informality that characterised these firms. Consequently informality mediated the impact of labour laws on these firms, and labour laws imposed less ‘costs’ on these firms. However, it cannot be argued that small firms are isolated from the sphere of labour laws. Rather, although these firms were governed by regulation it was found that the extent to which employers complied with regulation depended on the extent to which organisational practice already reflected similarity with the legislative objective.
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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.

Magister Philosophiae - MPhil
The research conducted has been undertaken to engage the stakeholders to explore the possibility of establishing workplace forums. The gains of workplace forums with respect to sharing decision making is a distinct advantage both business and labour seemingly do not realise because of a continued resolve to negotiate conditions of service annually exclusively. The research was undertaken by designing an interview questionnaire for distribution. The population for this research includes a cross section of employers from the industry in the Western Cape, parties to the Hairdressing Beauty and Cosmetology Bargaining Council, the Employers Organisation and the Employees Organisation or Trade Union. The criteria set for the questionnaire anticipate responses of respondents to the challenges before and after the possible incorporation of section 84 of the Act Finally the research results indicate that the parties to a collective agreement in this industry still gravitate towards distributive collective bargaining by negotiating salaries, wages and conditions of employment in Bargaining Councils.
South Africa

Magister Legum - LLM
This study is encouraged by the fact that the field of labour law has drastically changed after enactment of amendments in various labour legislation such as Employment Equity Act, Basic Conditions of Employment Act and Labour Relations Act during 2013 and 2014. These changes have compelled employers to review their policies in line with the amendments of these Acts. This study will however focus on the impact of the newly introduced section 198 to the Labour Relations Act 66 of 1995. The study will specifically focus on the continued use of fixed-term contracts of employment within the Technical and Vocational Education and Training (TVET) Sector of South Africa.

This thesis focuses on how Public service Co-ordinating Bargaining Council (PSCBC) contributes to social dialogue within South African Public service. This thesis seeks to filL a significant literature gap on collective bargaining as accomplished by the PSCBC. The thesis briefly examines the history of collective bargaining in the South African Public Service. The research methodology used includes information gleaned from annual reports published by the PSCBC. Interviews of selected stakeholders such as government officials and labour organisations involved in the PSCBC were conducted.The thesis holds that historically an adversarial relationship existed between the state as employer and the recognised trade unions.

Picketing, a method used by employees, collectively, to assert their demands against employers, is a controversial subject arising from the conflict of interest existing between labour and employers! Previously, South African law neither forbade nor regulated picketing. Consequently, no immunity from civil liability existed in relation to a person's conduct during a picket. Presently, picketing is regulated by section 17 of the Constitution of the Republic of South Africa Act 108of19% (right to picket) and section 69 of the Labour Relations Act 66 of 1995, which provides for a protected picket (one that complies with the requirements of section 69) whereby immunity from civil liability attaches to a person's conduct during a picket. These provisions and their coexistence is examined, comparing foreign law where relevant, in an attempt to provide a foundation for a topic relatively disregarded. Section 69 reveals elements of uncertainty and vagueness.
Law
LL.M.

This study deals with the impact of Labour Relations Act (Act 66 of 1996) at Vista University (Mamelodi Campus) from the year 1981-2004. Vista University was an academic institution which was established in 1981 under the Vista University Act (Act 106 of 1981). The dissertation has convincingly argued that the management of Vista University needed to comply with the principles of the Labour Relations Act (Act 66 of 1995). The study has shown that the Act had a negative impact on the employee-management relationship. The study proposes and recommends that the management should create a good labour relationship, manage conflict between employers and employees, maintain effective communication, and promote ethical behaviour and collective bargaining. The study, further, notes that principles of conflict resolution subjected to the Labour Relations Act (Act 66 of 1995) should be applied in a fair way and the techniques for attainment of conflict such as avoidance, accommodation be applied to resolve a situation.
Dissertation (MAdmin (Public Administration))--University of Pretoria, 2007.
School of Public Management and Administration (SPMA)
unrestricted

M.Phil. (Employment Relations)
Outsourcing as a strategy has been utilised by many organisations as a strategic initiative to improve core business functions and reduce costs. In the South African context, outsourcing includes the forced transfer of employees from one organisation to another. This automatic transfer is facilitated through Section 197 of the Labour Relations Act of 1995. In principle employees have a choice to seek employment elsewhere, but such a move is often restricted by long tenures of service, the lack of opportunities in the labour market, the psychological contract of employees with their employer, social affiliation with colleagues, perceived job security and comfortableness with familiar surroundings. Due to the forced nature of the employment transfer, employees would be subject to a change in identification or belonging, organisational culture, structures, management, operating principles and salary structures. These changes may significantly affect productivity, employee commitment and job satisfaction. Research purpose The research study explores the experiences of employees in an outsource transfer conducted under the ambit of Section 197 of the Labour Relations Act of 1995. The study reconnoitres employees‟ reactions to the forced organisational change so as to identify important psychological and organisational processes. Motivation for the study Despite the increasing practice of outsourcing in South Africa and abroad, limited research has been conducted on the experiences of employees during an outsource transfer. Employees that have been subject to an outsourcing transfer would have experienced a grave impact on their employment behaviour and attitudes. This would affect their relationship with previous colleagues, career development, contribute to lower levels of commitment and negatively influence their psychological contract. All these elements may influence the success of the outsourcing of business and should be taken into consideration when organisations decide to embark on outsourcing parts of their business. This study explores the employee‟s experiences during such a transfer of employment as a means to provide insight into the effect these experiences may have on the success of an outsource event. This study would aid management, human resource professionals, organisational development practitioners and scholars in understanding the impact of an outsourcing business decision on employees. Research Approach In the study, I followed a qualitative research approach. I aligned myself with the constructionist research tactic and explored the research participants‟ social construction of the outsource transfer experience. The study was conducted using as a case study a South African information-technology outsource service provider. Case-study research methodology was employed and seven research participants provided their experiences in unstructured interviews. Data was also gathered through participant observation and human documents such as e-mails. Main Findings On analysing the research data, the research participants‟ experiences could be grouped according to phases in the outsource transfer, themes and categories of constructs. These themes, categories and constructs were related to concepts and theories that had emerged from literature. This in turn culminated in the development of an Outsourcing Transition Model which integrated the psychological theory in literature and the concepts that had emerged from the research. The model provides for a holistic view of psychological theory within an operationally categorised phased approach that is easy to interpret and apply.

The research conducted has been undertaken to engage the stakeholders to explore the possibility of establishing workplace forums. The gains of workplace forums with respect to sharing decision making is a distinct advantage both business and labour seemingly do not realise because of a continued resolve to negotiate conditions of service annually exclusively. The research was undertaken by designing an interview questionnaire for distribution. The population for this research includes a cross section of employers from the industry in the Western Cape, parties to the Hairdressing Beauty and Cosmetology Bargaining Council, the Employers Organisation and the Employees Organisation or Trade Union. The criteria set for the questionnaire anticipate responses of respondents to the challenges before and after the possible incorporation of section 84 of the Act Finally the research results indicate that the parties to a collective agreement in this industry still gravitate towards distributive collective bargaining by negotiating salaries, wages and conditions of employment in Bargaining Councils.

The dissertation examines the process of retrenchment in a public institution with reference to the execution of such a process by the Independent Electoral Commission (IEC). The aim is to establish whether or not the retrenchment was substantively and procedurally fair as required by legislation. Notwithstanding the fact that the staff may have been disadvantaged by the short retrenchment notice (the staff did not have representation prior to the announcement, and the swiftness of the process did not, under the circumstances, provide the staff with enough time to comprehensively apply their mind to the underlying issues), the dissertation finds that the retrenchments had been substantively fair given the fact that the IEC could not retain all staff because of budgetary constraints. The dissertation also finds that the process had been procedurally fair in accordance with section 189 of the Labour Relations Act, 66 of 1995.
Public Adminstration & Development Studies
M.A. (Public Administration)

A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) dispute resolutions. This thesis incorporates a comparative study of the British and German labour law systems with reference to the relevant appeal and/or review procedures (as applied in their tribunals/courts), together with a discussion and application of certain other provisions relevant to South Africa labour law.
Jurisprudence
LL.M

This Doctoral thesis entitled the Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South Africa, focusses on individual labour law principles of fair labour practices entrenched in section 23(1) of the Constitution. The thesis deals with fairness in situation where an employee who is suspected of committing a criminal act is investigated and subsequently goes through a disciplinary hearing for dismissal. It determines the extent to which an employee’s criminal guilt is decided before dismissal. As such, the thesis is based upon South African judicial interpretation of the right to fair dismissal. In the process the thesis examines the application of principles informing the employer’s duty to provide fair reason concerning the dismissal of employees criminal suspects. In examining if employers observe constitutional transformative objective when conducting criminal investigations and disciplinary hearings - the thesis reviews the extent to which the employer respects constitutional rationales of equity based on the principles of natural justice. These natural justice principles are the basis upon which section 23(1) fairness is founded. Section 23 (1) is implemented through the LRA provisions. The thesis then concludes that, only one principle of natural justice - audi alteram partem is respected within employer flexibility-based fairness while the other principle - nemo judex in propria sua causa is ignored. It is this denial that causes serious procedural challenges in the quest for equity intended in section 23(1) fair labour practices. It is upon these foundational equity concerns that this thesis opposes the flexibility in employer’s criminal investigations and disciplinary hearing processes entrenched in item 4 (1) of Schedule 8 of the LRA fair procedure for dismissal of employees suspected of criminal acts. The thesis interlinks labour law and criminal law to advocate for the missing constitutionally justiciable fairness for employees who have committed criminal misconducts. It argues that the current judicial interpretation of labour law fairness is based upon the principle of flexibility underlying dismissals, asserting that fairness based on flexibility breeds informal procedural processes which exempt employers from observing crucial constitutional fairness principles expressed through proportionality-based prescripts. The thesis concludes that the practice of including the right against self-incrimination in employment law, done in other common law countries be introduced into the South African labour law through section 39 of the Constitution so that the identified procedural challenges are regulated.
Mercantile Law
LL.D.

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes.
Law
LL.M.