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Dissertations / Theses on the topic 'Unfair dismissal'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 January 2023

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1

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

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

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2

Thompson, David Martin Ogilvie. "Unfair discrimination and dismissal based on age." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1287.

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Section 187(2)(b) of the Labour Relations Act sets out certain justifications for what may seem to be unfair discrimination in the workplace. The purpose of this note is to discuss the provisions of Age Discrimination, with specific focus on the rights of older employees, who have reached, what some might term, the ‘normal or agreed retirement age’. In the discuss which follows reference will be made to the Constitution of the Republic of South Africa1 in order to investigate the provisions of our new democratic era, and what is said therein about discrimination, and age discrimination in part

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3

Dayimani, Vuyisile. "The determination of compensation in unfair dismissal cases." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020775.

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The LRA 66 of 1995 was established to give effect to section 23(1) of the Constitution of the Republic of South Africa, which guarantees that everyone has a right to fair labour practices. Amongst others, the purpose of the LRA is to advance economic development, labour peace and the effective resolution of labour disputes. At common law termination of employment was occasioned by the conduct of the employer or employee, in terms of which either party may terminate an employment contract by giving agreed notice or reasonable notice. The LRA broadened the common law concept of “repudiation” of

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4

Southey, Kim. "An analysis of unfair dismissal grievance arbitration in Australia." University of Southern Queensland, Faculty of Business, 2008. http://eprints.usq.edu.au/archive/00004435/.

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[Abstract]: This study identifies statistically significant associations between unfair dismissal arbitration decisions and inherent characteristics pertaining to the unfair dismissal claims. The inherent characteristics examined are the industry sector in which the employee worked, the occupational skill level of the employee’s position, size of the business, presence of human resource expertise within the business, the reason for dismissal, and the genders of both the employee and arbitrator. This research contributes to the body of knowledge on grievance activity within the workplace. It fo

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5

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, the

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6

De, Caires Anthony Ralph. "Examining the interplay between dismissals for operational requirements and automatically unfair dismissals in terms of section 187(1)(c) of the LRA." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5293.

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7

Blignaut, Colleen. "Effectiveness of conciliation as an alternative dispute resolution process in unfair dismissal disputes." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65692.

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In its preamble, the LRA provides that one of its aims is to change the law governing labour relations by, amongst other means, promoting simple procedures for the resolution of labour disputes. The Commission for Conciliation, Mediation and Arbitration (hereafter referred to as the CCMA) was created during 1996.1 It was expected that the CCMA would have to deal with an average of 30 000 referrals nationally per year. However, it quickly became apparent that this was a gross underestimation. During the 1997/1998 reporting period, the CCMA reported that it had received 67 319 referrals. The num

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8

Head, Jeremy Alexander. "The impact of individual employment legislation on the employment relationship in the hospitality industry." Thesis, Manchester Metropolitan University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.311073.

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This thesis examines the impact of individual employment protection legislation on the employment relationship in the hotel and catering industry (HeI), exactly the type of industry whose workers the employment law was intended to protect. It begins \\-ith a review of the potential effects of employment legislation on the employment relationship. It then analyses and evaluates the practical effects of individual employment legislation in hotels and catering from relevant case law. and the workings of the Industrial Tribunal system, identifying that unfair dismissal is the most important aspect

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9

Vickers, L. "Whistleblowing at work : the legal implications for employees of making disclosures of confidential information." Thesis, Oxford Brookes University, 1996. http://radar.brookes.ac.uk/radar/items/ec100d8a-65ad-1f5d-b6ef-15393b0d3289/1.

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The thesis examines the nature and extent of protection available to "whistleblowers", employees who disclose to outside bodies wrongdoing or malpractice at work. It begins with a consideration of the philosophical basis for providing protection for such employees. The legal rights of the whistleblowing employee in English law are then considered. In chapter three case law on the duty of confidence is examined and conclusions drawn on its application to employees dismissed for blowing the whistle, with particular reference to whether disclosure of information involves a breach of the employmen

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10

Al, Kiyumi Fawzi Mubarak. "Unfair dismissal study in Omani labour law with emphasis on the relevance of Shari’a." Thesis, University of Bedfordshire, 2013. http://hdl.handle.net/10547/293775.

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The aim of this research is to investigate the implications of unfair dismissal within the boundaries of Omani labour law with particular relevance to the role of Shari’a. Shari’a itself does not provide a legal code, contract law, or a law of tort as yet but it does provide examples of applicable rules, supported with analogies, to deal with employment. The basic principles of forming a contract in Omani Commercial Law; English Law and Shari’a are similar; however, they differ in application. Likewise, the principles of the employment contract are similar with a few differences being seen in

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11

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

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

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12

Marinescu, Ioana Elena. "The economics of unfair dismissal in the United Kingdom, and other topics in public policy." Thesis, London School of Economics and Political Science (University of London), 2007. http://etheses.lse.ac.uk/1978/.

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Workers and firms face substantial uncertainties about their prospects in the labor and product markets. The first three chapters of this thesis analyze how firing costs affect firms' behavior and workers' outcomes in the face of uncertainty about match quality and changing economic conditions. In the final chapter, I show how macroeconomic policy can reduce the risks associated with changing economic conditions. First, I examine a 1999 UK reform that lowered from two years to one year the tenure necessary for a worker to be able to sue their employer for unfair dismissal. After the reform, we

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13

Voultsos, Leon. "Fairness of a dismissal from a contractural and administrative law perspective." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1288.

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Section 157 of the LRA provides for the nature and extent of the Labour Courts jurisdiction. This provision has been subjected to extensive interpretation by the Judiciary and the various interpretations of the courts have not been entirely consistent. Specific mention is made of the relevance and applicability of section 157(1) and (2) of the LRA regarding the overlap between administrative law and contractual law into labour law. Reference will be made to case law specifically dealing with cases concerning the jurisdiction of the civil courts and labour courts where cases concerning employme

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14

Ndobela, Remember Kanego. "Compensation as a remedy for unfair dismissal : a comparison of South African and Australian labour law." Thesis, University of Limpopo (Turfloop Campus), 2012. http://hdl.handle.net/10386/881.

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Thesis (M.Law (Labour Law)) --University of Limpopo, 2012<br>This research is titled ‘Compensation as a remedy for unfair dismissal, a comparison of South African and Australian labour law’. The Australian labour law systems and structures share some important features with South African labour law jurisprudence pertaining to the awarding of compensation as a remedy to unfairly dismissed employees. Some of these important features include the method of calculating compensation and the existence of a compensation cap. The research sets out, amongst other things guidelines or directives to be fo

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15

James, Ncumisa Portia. "The relationship between an automatically unfair dismissal in terms of section 187(1)(c) of the labour relations act and a dismissal for operational reasons." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1034.

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

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Sipuka, Sibongile, and Supervisor details. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/4811.

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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must t

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17

Sipuka, Sibongile. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021152.

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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must t

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18

Nkgapele, Mmakgwana Freddy. "Dismissal for operational requerments : comparison between South Africa and English Labor Law." Thesis, University of Limpopo, 2010. http://hdl.handle.net/10386/3023.

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19

Woolias, David. ""To the advantage of all concerned" : practical and principle-based arguments for a revised remedy regime for unfair dismissal in Australia." Thesis, University of British Columbia, 2012. http://hdl.handle.net/2429/42181.

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Among the extensive literature on the merits of unfair dismissal laws, comparatively little attention has been paid to the key issue of which remedies, and in what form, can best give effect to those laws. In order to address this gap in the literature, this thesis examines remedies for unfair dismissal through an empirical study of all unfair dismissal decisions handed down in Australia during the 2010-2011 financial year by the Australian federal employment tribunal. This thesis also contains a detailed analysis of the theoretical underpinnings of the current remedy regime for unfair dismi

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20

James, Caira Grace. "Pregnancy related unfair dismissal litigation at employment tribunals in England and Wales : a study of decisions registered during 1996 and 1997." Thesis, Aberystwyth University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410725.

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21

Qotoyi, Thanduxolo. "Dismissals within the context of collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1039.

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Competitive forces in the market force employers to change the way they operate their businesses. The changes that employers have to make often demand an alteration of the employees’ terms and conditions of employment. By law employers are not permitted to unilaterally effect changes to the employee’s terms and conditions of employment. They have to obtain the consent of the affected employees. This is where collective bargaining fits in. The employer has to negotiate with the employees. One way in which through the process of collective bargaining an employer can exert pressure on the employe

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22

Strydom, Wynand Wilhelmus. "The requirement of "bumping" in operational-requirement dismissals." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/5896.

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

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23

Ledwaba, Jack Malesela. "Comparative study of a dismissal on account of operational requirements between South Africa and German labour law." Thesis, University of Limpopo (Turfloop Campus), 2008. http://hdl.handle.net/10386/927.

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24

Grigor, Francois. "Establishing a fair sanction in misconduct cases." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1021217.

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It is the right of every employee in South Africa not to be unfairly dismissed. According to the Labour Relations Act 66 of 1995 an employer may fairly dismiss an employee on the grounds of conduct, capacity or operational requirements. In addition, the employer is required to also comply with a fair procedure before effecting a dismissal. The requirement of procedural fairness is, however, not as stringent as it was under the previous dispensation established by the former Industrial Courts in terms of the earlier Labour Relations Act. The question as to whether or not a reason for dismissal

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25

Mpati, Lungisa. "Termination of employment contract by operation of law in the education sector: the constitutionality and validity of the deeming provisions." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1600.

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Fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. Under the common law, if an employee did that, the employer would be entitled to dismiss him or her on notice. The International Labour Organization Convention (ILO) 158 of 1982 provides that the employer must have a reason for a dismissal and sets out broad categories or reasons for dismissals . Section 23 of the Constitution of the Republic of South Africa, 1996(Act 108 of 1998) provides that “Everyone has the right to fair labour practices”. Section 33 of t

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

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The Department of Education, as part of the public sector, employs educators in terms of the Employment of Educators Act (EEA),1 whereas the rest of the public servants are employed in terms of the Public Service Act (PSA). If an educator is absent for more than 14 consecutive days without the permission of the employer, the educator is deemed to be discharged according to section 14(1)(a). With regard to the rest of the public sector, a similar provision is put in place, where section 17(5)(a) provides for the discharge of a public officer who is absent from his / her duties without the permi

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27

Bester, Viglia Elizabeth. "Unfair discrimination based on pregnancy within the mining industry / Viglia Elizabeth Bester." Thesis, North-West University, 2012. http://hdl.handle.net/10394/8646.

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This dissertation scrutinises the impact of pregnancy challenges on the mining industry, taking the right of equality and unfair discrimination into consideration. Pre-employment pregnancy testing is an acceptable practice within the current legal framework whereby the MHSA and section 26 of the BCEA place an obligation on the employer to protect employees before and after the birth of a child. This section provides that no work may be performed by an employee that is hazardous to her health or the health of her unborn child. The dissertation synthesises and reviews the practical implications

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Matlou, Eliah Pheagane. "An analysis of reinstatement as a remedy to unfair dismissal." Thesis, 2013. http://hdl.handle.net/10386/1026.

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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013<br>Reinstatement is one of the remedies for unfair dismissals. Dismissed employees have a recourse to approach the Commission for Conciliation, Mediation and Arbitration1 or labour courts to seek reinstatement. The arbitrator or the courts have a discretion to order reinstatement based on the facts of the case, sometimes retrospectively. Retrospectivity is a discretionary matter in the hands of the courts and therefore the courts of law have been inundated with cases where the employers wanted to limit the retrospectivity of the a

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29

Venter, Hendrik Johannes Tjaart. "The juridical basis of the statutory claim for compensation in unfair dismissal cases." Diss., 2016. http://hdl.handle.net/2263/56990.

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A highly efficient, mass dispute resolution system has been established in South Africa with the implementation of the Labour Relations Act 66 of 1995 (hereafter the LRA 1995 ) two decades ago. The remedies of reinstatement, re-employment and compensation lie at the heart of this system. The compensation claim in terms of the LRA 1995, on which this study focuses, is related to a history of preceding common-law and statutory legal development, including the development of labour law in comparable foreign jurisdictions. However, according to sections 193(1) and 194(1) of the LRA 1995, the det

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Risinamhodzi, Rosemary. "Dismissal for exercising statutory rights." Thesis, 2012. http://hdl.handle.net/10386/793.

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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012<br>Since the advent of constitutional democracy, there has been a steady growth in the volume of employment and labour protection legislation.1 More than a decade following the enactment of the new labour code has witnessed an avalanche of decisions of courts and arbitration awards of labour adjudicatory tribunals.2 Many of them involve unfair dismissals generally, unfair suspensions,3 residual unfair labour practices,4 disputes over promotion hinging on affirmative action, employment equity and unfair discrimination,5 the recurrent pro

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Itzkin, Riaz. "Operational requirements as a fair reason for dismissal in South Africa." Thesis, 2012. http://hdl.handle.net/10210/5253.

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LL.M<br>The provisions of South Africa’s law on dismissal based on operational requirements are frequently relied on by employers who dismiss employees to further various objectives. Against this background, this dissertation critically analyses the law providing for employers to rely on their operational requirements as a basis for fair dismissal, and the legal principles on selecting employees for dismissal based on operational requirements. As part of this analysis, the approach in South Africa is compared with the approach in Germany, the United Kingdom and Australia. The analysis is based

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Carvalheira, Raquel. "Depression, dismissals and disability: depression is increasing in the South African workplace. Do the Labour Relations Act's dismissal categories provide depressed employees with adequate protection from unfair dismissals? [...]." Thesis, 2012. http://hdl.handle.net/10539/11065.

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Mbilinyi, Abel Jeru. "Protection against unfair dismissal of employees living with HIV/AIDS in the workplace: a comparative study." Diss., 2008. http://hdl.handle.net/10500/2321.

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34

Ramafalo, Mahodiela Rodney. "Dismissals based on operational requirements in the workplace." Thesis, 2013. http://hdl.handle.net/10386/960.

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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013<br>The coming into power of the democratic government played an important role in transforming South African labour law system. After the Labour Relations Act 66 of 1995 (LRA) was implemented on 11 November 1996, the old Labour Relations Act of 1956 was repealed. The law on retrenchment forms an integral part of law of dismissals. The South African labour market has in the past years been characterized by restructuring and consequently retrenchment of employees. In most cases, employer’s decisions to retrench were challenged by th

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Torul, V. P. "The Mauritian law of procedural fairness within the context of dismissal for misconduct : a comparative study with the South African doctrine of unfair labour practice." Thesis, 2001. http://hdl.handle.net/10413/5238.

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The main premise of this treatise is to discuss the Mauritian Law of Procedural Fairness within the context of Dismissal for Misconduct: A comparative study with the South African Doctrine of unfair Labour Practice. It analyses in detail the types of misconduct that eventually leads to the dismissal of an employee. The dismissal has not only to be substantively fair but also procedurally fair. To support the views expressed in the research, reference has been made to labour law cases decided mainly in Mauritius and South Africa. There are, however, references to other jurisdictions such as Ind

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Kumwenda, Joshua. "Can a defective hearing be cured by a subsequent appeal? : an examination of fair procedure in employer's disciplinary inquiry." Thesis, 2012. http://hdl.handle.net/10386/1028.

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Jansen, van Rensburg Lara. "Intolerable conduct in a constructive dismissal : an exploration of case law dealing with intolerable conduct." Thesis, 2012. http://hdl.handle.net/10413/9824.

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This paper focuses on the issue of constructive dismissal in terms of s186(e) of the Labour Relations Act 66 of 1995 which defines dismissal to include circumstances where an employee resigns because the employer has made continued employment intolerable. The purpose of this paper is to explore and describe case law on this issue and to consider what type of conduct has been regarded as intolerable by the courts in order to determine whether or not a case for constructive has been met.<br>Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

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Baběrad, Jan. "Neplatné a zdánlivé skončení pracovního poměru ze strany zaměstnavatele." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-436250.

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71 Invalid and Apparent Termination of Employment by the Employer Abstract This diploma thesis deals with an everlasting issue: invalid and apparent termination of employment by the employer. The text of the thesis is divided into five chapters, further segmented into subchapters, some of these consisting of even lower level chapters. The first chapter covers the historical development of labor law and its separation from civil law into a separate branch of law with its own code. The following chapter defines the basic legal concepts, which are employment and legal transaction, as well as the

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Khoza, Emmanuel Mduduzi. "Natural justice for employees : the problem of judicial review in employment relations." Thesis, 1995. http://hdl.handle.net/10413/5702.

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Work plays a dominant role in modern society. It is through work that the economic well being of any society is sustained. Workers who perform various tasks contribute to the well being of society as well as to their betterment as individuals. Thus paid employment has assumed a prominent role in modern society. It is an incentive on individuals to contribute to socio-economic welfare, while their needs and aspirations as individuals are also satisfied. But for an orderly society to exist, there has to be a subjection of some members of society by others, a division between those who have the s

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Naidoo, Tamar Natalie. "Fair dismissals : a critical analysis of the 'appropriateness of sanction' in light of recent developments." Thesis, 2012. http://hdl.handle.net/10413/9823.

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Kone, Mmberegeni Kingshald. "The termination of the employment relationship on the grounds of the employee's HIV status." Diss., 1995. http://hdl.handle.net/10500/17114.

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A substantial number of employees in South Africa may soon be out of work as the result of their HIV-positive status. The dismissal of an infected employee may be motivated by the fact that he is considered to be incompetent or incapable of doing the work for which he was employed. Customers and fellow employees may refuse to deal with an infected employee, with the result that the employee is dismissed for economic reasons. The nature of the undertaking's activities may be such that the presence of an infected employee constitutes a health risk. For the purposes of carrying out his duty to c

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Monyakane, ’Mampolokeng ’Mathuso Mary-Elizabeth. "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." Thesis, 2020. http://hdl.handle.net/10500/26956.

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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 gu

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Eden, Dzulzalani. "Workplace dispute resolution in Malaysia : investigating conciliation claims for reinstatement." Thesis, 2012. https://vuir.vu.edu.au/22342/.

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Workplace disputes are best resolved in-house and this principle underlies dispute resolution regulations and legislation in countries such as the UK, Australia and New Zealand. Only after a failure to resolve a matter at workplace level do disputants have the option of referring their conflict to conciliation at an external tribunal in these countries. In turn, conciliation settlement rates are high, leaving only a residual need for arbitration services. Whilst Malaysia has a similar dispute resolution system to these countries, which share the same heritage of British law, its workplace disp

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Potgieter, Hendrik Josephus. "Diensbeëindiging as deel van die uitsluiting in die Suid-Afrikaanse reg." 1996. http://hdl.handle.net/10500/15803.

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Text in Afrikaans<br>Summaries in English and Afrikaans<br>The statutory definition of the lock-out encompasses certain acts (inter alia termination of contracts of employment) which must be executed by the employer with a certain purpose. The Appellate Division has recently found that the employment relationship not necessarily terminates similarly to the common law contract of employment, but may subsist after termination of the contract of employment. The industrial court does not easily accept that it has been deprived of its unfair labour practice jurisdiction where termination

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Thejane, Lerato Hycenth. "The use of HIV testing in the workplace as the basis for possible unfair discrimination / Lerato Hycenth Thejane." Thesis, 2015. http://hdl.handle.net/10394/15954.

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Human immunodeficiency virus and acquired immune deficiency syndrome (hereafter HIV/AIDS) in South Africa are epidemic virus and disease respectively, item 1.1 of the EEA Code of Good Practice on Key Aspects of HIV/AIDS and Employment, 2000 states that HIV/AIDS are serious public health problems, which have socio-economic, employment and human rights implications on the society, employees inclusive. The Constitution of the Republic of South Africa, 1996, Employment Equity Act 55 of 1998, Labour Relations Act 66 of 1995 and Promotion of Equality and Prevention of Unfair discrimination 4 of 2000

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Molongoana, Henry Sifiso. "A critical evaluation of the protection of the rights of employees living with HIV/AIDS in the South African workplace." Diss., 2017. http://hdl.handle.net/10500/23682.

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People living with HIV/AIDS have the right to be employed as long as they are physically fit to do the work. The unfortunate situation now is that in many South African workplaces employees who disclose their HIV/AIDS status or who are suspected of living with the disease face backlashes from fellow employees and sometimes even from employers. No one should be discriminated against or be prevented from being employed or dismissed from employment purely on the basis of having HIV or AIDS. Any form of discrimination against employees living with HIV/AIDS constitutes a violation of their constitu

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47

Maimela, Charles. "Legal issues relating to the treatment of persons living with cancer." Thesis, 2017. http://hdl.handle.net/10500/24490.

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Cancer is regarded as a global disease and one of the leading killer diseases in the world. The reason why cancer is so widespread and often misunderstood stems from multiple factors, namely, the lack of knowledge about cancer, unfair discrimination of persons living with cancer, inadequate or inappropriate treatment provided to patients, the stigma attached to cancer, misdiagnosis and late diagnosis of persons living with cancer, as well as the inadequate provision of screening programs to detect cancer at an early stage. The combination of these issues raises alarming medico-legal pro

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