Relevant bibliographies by topics / Unfair labor practices / Dissertations / Theses
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Dissertations / Theses on the topic 'Unfair labor practices'

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Published: 4 June 2021
Last updated: 31 July 2024

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1

Share, Hanli. "Suspension as an unfair labour practice." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018655.

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Suspension as a form of an unfair labour practice can be of two categories. There could be a situation where an employer suspends an employee as a disciplinary sanction after an employee has committed an act of misconduct. This is often referred to as a punitive suspension. An employer may also suspend an employee pending a disciplinary hearing. In this case the employee has not yet been found guilty because the investigation into the alleged misconduct is still on going. The employee may be suspended as a way of preventing him from interfering with the investigation process into the alleged m
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2

Brand, Hugo. "Unfair discrimination in recruitment practices." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021197.

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The focus of this paper is to emphasize the importance for every employer to avoid unfair discrimination during the recruitment process and to value diversity in the workplace. This is not only a legal requirement, but also gives an employer the best chance of getting the right person for the job. It is crucial to understand that job applicants are mostly people that employer’s do not actually employ, but might be able to make an unfair discrimination claim against the employer if the claimant believes he/she was not selected for a job because the employer discriminated against them unlawfully
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3

Abrahams, Dawood. "The unfair labour practice relating to promotion." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/329.

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This article deals with the South African law relating to promotions. As promotion disputes mostly arise as alleged unfair labour practices, a short discussion on how the concept of an unfair labour practice developed in South Africa is undertaken. In this regard the common law is studied in order to see whether it makes provision for protection of employees subjected to unfair labour practices relating to promotions. Through this study one soon realises that the common law is in fact inadequate to deal with unfair labour practices relating to promotions, and thus an enquiry into various legis
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4

Timothy, Andrea Francis. "The unfair labour practice relating to benefits." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021157.

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The meaning of the term “benefits” in the context of unfair labour practice jurisprudence, having previously been unsettled for more than a decade, has now been settled by the Labour Appeal Court in the Apollo.1 Prior to Apollo,2 our courts have struggled to adopt a stance to maintain the distinction between disputes of rights and disputes of interest as separate compartments. The prevalent view at that stage was that, in order for an employee to lodge a dispute at the CCMA or Bargaining Council the employee would have to show that he or she had a right to the benefit that arises by virtue of
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5

Tsheko, Toto. "Unfair labour practice relating to promotion in the public education sector." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/6050.

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This topic deals with unfair labour practice relating to promotion and will focus mainly on the public education sector. The Labour Relations Act of 1956 and 1995, with respect to the concept of unfair labour practice, will be analysed. It is through this discussion that one appreciates how the concept of unfair labour practices has evolved in South African law. An attempt is made to define promotion and in this regard reference is made to cases decided upon by the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court (LC). Furthermore, promotion is defined within t
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6

Gixana-Khambule, Bulelwa Judith. "Unfair discrimination in employment." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/359.

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In this treatise the South African law relating to unfair discrimination is discussed. The development is traced from the previous dispensation and the few pronouncements of the Industrial Court on discrimination in employment. Thereafter the actual provisions in the law presently applicable, including the Constitution is considered. With reference to leading cases the issue of positive discrimination by adopting affirmative action measures is evaluated and reference is made to other defences like inherent requirements for the job and a general fairness defence. The conclusion is reached that
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7

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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8

Sotshononda, Ndomelele. "Recent development concerning the unfair labour practice relating to promotion." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14400.

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This treatise considers the promotion process in the workplace and focuses on the meaning of promotion and the provisions of the Labour Relations Act, 66 of 19951 (Hereinafter referred to as the LRA) relating to promotion. It also considers unfair labour practices from an employee’s perspective. Chapter 2 of this treatise discusses the processes employers should follow when dealing with promotions. Neither the LRA nor the Constitution provides employees with a right to be promoted. However, the Constitution2 provides that all workers have the right to fair labour practices. The concept of unfa
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9

Moela, Matlose Phineas. "Exploring the unfair labour practice relating to promotion in the education sector." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12209.

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This research paper explores the means at the disposal of employers and employees to address the phenomenon of unfair labour practice relating to promotion in the workplace. Furthermore the paper endeavours to illustrate that there are aspects of South African law that provide a framework within which unfair labour practices can be addressed in the workplace. As I explore these fundamental issues of the law, the fairness relating to recruitment and selection practices will be examined. Some recommendations are also made as to how departments and organisations must address promotion issues at t
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10

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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11

Odeyemi, Hannah Olubunmi. "A comparison between the approaches to unfair discrimination in employment in South Africa and Nigeria." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012054.

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Issues concerning employment are some of the most serious issues of our time. But it is in the last two decades or so that these started receiving consideration. For instance, South Africa has experienced changes in the landscape of employment relations in organisations in the last decades. And no area of South Africa law is more critical than the prohibition of unfair discrimination, especially in the workpalce. The enactment of the Constitution brought about the need to eradicate unfair discrimination in the workpalce. Section 9 of the Constitution states that no person may unfairly discrimi
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12

Le, Roux André. "Inherent requirements of a job as a defence to unfair discrimination." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/8757.

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Equality is a fundamental constitutional value in the Constitution. Formal equality presupposes that all persons are equal bearers of rights and that inequality can be eliminated by extending the same rights to all. Formal equality is blind to social and economic differences between groups and individuals. Substantive equality, on the other hand, is receptive to entrenched, structural inequality, meaning that the equality clause of the Constitution must be read as founded on a substantive concept of equality. An employer can utilise the defence of an inherent requirement of a job in the case o
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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

Kasika, Richard. "The defence of inherent requirements of the job in unfair discrimination cases." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/450.

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The discrimination jurisprudence in South Africa has developed over the previous decade since the promulgation of the interim and final Constitutions. The Employment Equity Act of 1998 also gave impetus to the development of equality jurisprudence with reference to the workplace. In terms of both the Constitution and the Employment Equity Act, unfair discrimination is forbidden. Both the Constitution and Employment Equity Act list specific grounds on which discrimination would be regarded as unfair. Although discrimination on any of the listed grounds would be regarded as automatically unfair,
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15

Gelandt, Jacobus Johannes. "Opvoeders in landelike skole se kennis van onbillike arbeidspraktyke." Thesis, Cape Peninsula University of Technology, 2009. http://hdl.handle.net/20.500.11838/1855.

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Thesis (MTech (Education))--Cape Peninsula University of Technology, 2009<br>The purpose of this study was to determine the post level I CS-educators' knowledge of their rights and duties in respect of unfair labour practice. The specific aim was to determine educators' knowledge of unfair labour practices in terms of the literature study. The method of research was based on interviews with post level I CS-educators in rural primary schools. The interviews consisted of structured questions of which the format as well as the order was determined beforehand. No coaching was given to respo
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16

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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17

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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18

Van, Der Merwe Christine. "Creating a new underclass : labour flexibility and the temporary employment services industry." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1003079.

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The core of the research focuses on the Temporary Employment Services (TES) Industry and its ability to provide labour flexibility for a number of client firms. The underlying notion that work is changing and becoming more flexible creates an exploratory realm for the concept of non-standard employment. The thesis draws on the conceptual model of the „flexible firm‟ and argues that the rise in non-standard forms of employment, particularly temporary employment within the TES industry, is primarily a result of the demand for labour flexibility. The TES industry that offers „labour on demand‟ is
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19

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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20

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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21

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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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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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

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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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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Rangoato, Sello Joshua. "Discrimination based on HIV/AIDS status in the workplace." Thesis, University of Limpopo, Turfloop Campus, 2013. http://hdl.handle.net/10386/1108.

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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013<br>This mini-dissertation outlines the protection of rights of people living with HIV/AIDS in the workplace. It will highlight the fact that people living with HIV/AIDS can perform the work as long as they medically fit. It will show the need to promote anti discriminatory laws in the workplace. People think that HIV/AIDS can be transmitted through casual contact but that will be shown in the study that HIV/AIDS can not be transmitted by casual contact. The mini-dissertation also outlines the need to educate employees about their rights
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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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28

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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29

Partington, Jonathan. "Re(viewing) the constitutional court's decision in Sidumo v Rustenburg Platinum Ltd." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1032.

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In Sidumo v Rustenburg Platinum Ltd ((2007) 12 BLLR 1097 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) SA 24 (CC)) the Constitutional Court made two findings of immense significance for dismissed employees: firstly, the court rejected the use of the so-called “reasonable employer” test in our law, a test which traditionally required arbitrators and courts evaluating the fairness of a dismissal for proven misconduct to treat the employer’s decision on sanction with a measure of deference; and secondly, on scrutiny of the more controversial issue before the court, to wit, the basis, if any, upon which
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30

Pauw, Julius Bremer. "Statutory regulation of temporary employment services." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019715.

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This treatise specifically explores section 198 of the Labour Relations Act, 66 of 1995, which regulate temporary employment service. However, before one can assess this section in particular, other legislation has to be considered dealing with temporary employment services, read in conjunction with the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter the “Constitution”), as all legislation is subject thereto. As summarised by Navsa AJ in the judgment of Sidumo& Another v Rustenburg Platinum Mines Ltd & Others: “The starting point is the Constitution. Section 23(1) of
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31

Tshiki, Pakamisa Washington. "The unfair labour practice relating to benefits." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/386.

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At the outset of this treatise the development of the unfair labour practice is traced. The point is made that common law knows nothing about fairness and it is pointed out that the concept was introduced as a statutory concept in 1979. In 1995 the development of unfair labour practices since 1979 was relied upon to provide a list of unfair labour practices. The main thrust of the treatise concerns an evaluation of an unfair labour practice relating to benefits – listed presently in section 186(2) of the Labour Relations Act. Reference is made to Industrial Court cases and case law since 1996
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Mathekga, Mmanoko Jerry. "The political economy of labour market flexibility in South Africa." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/1532.

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Thesis (MPhil (Political Science))--University of Stellenbosch, 2009.<br>ENGLISH ABSTRACT: The impact of globalisation can be found in every aspect of human life. Globalisation has also brought about changes in the world of work, such as the call for labour market flexibility, which has restructured the workplace. This study focuses on the implications of labour market flexibility for workers in South Africa and for trade unions, within the context of the introduction of a macroeconomic neoliberal policy in South Africa in 1996. The study examines the changing nature of employment and wor
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Ebert, Paulo Roberto Lemgruber. "O conteúdo deontológico da liberdade sindical e a proteção contra os atos antissindicais e antirrepresentativos." Universidade de São Paulo, 2016. http://www.teses.usp.br/teses/disponiveis/2/2138/tde-22022017-142313/.

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O direito fundamental à liberdade sindical, consagrado no ordenamento jurídico brasileiro não apenas na Constituição Federal, mas também nos mais importantes Pactos Internacionais de Direiros Humanos ratificados pelo Brasil, possui, a despeito de sua conceituação aberta e aparentemente imprecisa, um conteúdo histórico-institucional que pode ser objetivamente delineado e que, por tal razão, condiciona a atuação dos órgãos estatais e dos atores particulares nas situações concretas de aplicabilidade. Demonstrar-se-á, nesse sentido, que o conteúdo institucional da liberdade sindical foi talhado nã
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Yeh, Chiang-Ting, and 葉建廷. "A Study of Unfair Labor Practices." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/22808277455135373687.

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Fa, Wu Yung, and 吳永發. "A study on the Unfair Labor Practices of Japan." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/82295254677198121803.

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CHIANG, KUO-HAO, and 江國豪. "A Study on Judicial Review of Administrative Remedy on the Area Unfair Labor Practice─Contrast with the Japanese Intention of Unfair Labor Practices." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/39qghb.

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碩士<br>國立臺北大學<br>法律學系一般生組<br>102<br>There are many kinds of unfair labor practices which refer to certain actions taken by employers to dominate or interfere with the formation or administration of labor unions, including disadvantageous treatment, collective bargaining, yellow-dog contract, and so on. In Taiwan, Act for Settlement of Labor-Management Disputes has been activated on the 1st of May 2011, the drastic change of overall content, which led to an unfortunate result of everlasting labor disputes in multiple occasions. The Act for Settlement of Labor-Management Disputes took a reference
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Lin, Yu-Chieh, and 林裕杰. "Research on Remedies for Unfair Labor Practices in the United States." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/97774358475954101005.

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碩士<br>國立高雄大學<br>法律學系碩士班<br>100<br>The main purpose of dissertation is introducing Unfair Labor Practices in the United States and through discussion of specific issues in order to improve and advance the adjudication institution in Taiwan. There are six charts in this dissertation, which is divided into two core parts of research. The first part is introducing Unfair Labor Practices in the United States, which includes the background and purposes of the adjudication institution, the variety of Unfair Labor Practices, the application of statutes, the method of remedies and the criteria created
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Lu, Wen-Chi, and 呂文琪. "The Political Economy of Labor Dispute Settlements on Unfair Labor Practices in Taiwan, 2011-2012." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/58067098762065176691.

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碩士<br>國立臺灣大學<br>政治學研究所<br>100<br>Since the ‘New Labor Tri-Act’ has been activated on the 1st of May 2011, the drastic change of overall content, which led to an unfortunate result of everlasting labor disputes in multiple occasions. Both capital and labor should adjust the attitude and reform the methodology in order to face the newly established legal environment. The Act for Settlement of Labor-Management Disputes took a reference from Alternative Dispute Resolution (ADR) of United States, updated with a chapter of ‘Decision’, expecting it could provide similar performance of recovering the
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LIN, CHING-EN, and 林慶恩. "Unfair Labor Practices Adjudication Decisions in Taiwan-the Case of Banking Industrial." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/sf9fpv.

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碩士<br>中國文化大學<br>勞工關係學系<br>107<br>The core of this paper is to explore the situation of the operation of judicial remedy system of Unfair Labor Practice in the banking industry, so as to understand whether the labor relations in the industry and the judicial system needs to be improved. The content of this paper can be divided into two parts: first is to introduce the concept of judicial remedy of unfair labor practice system and its current development in Taiwan; second is to organize the improper labor behavior cases and judgments of banks in Taiwan. Through a literature analysis, the develop
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Dimpe, Phomolo Sylvia. "Unfair labour practice in an institution of higher learning / Phomolo Sylvia Dimpe." Thesis, 2005. http://hdl.handle.net/10394/11420.

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This dissertation serves to investigate the existence of unfair labour practices (ULPs) in one institution of higher learning called X University, for reasons of confidentiality. The problem of this research is that there is existence of unfair labour practice in the X University. The above problem gave rise to different sub-problems and the research hypothesis. Literature review of this study surveyed different theories of labour relations. The theories reviewed include issues such as fair and unfair discrimination, the Labour Relations Act, discipline, Occupational Health and Safety and the
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Nthelebovu, Masebole Paul. "Employee response to unfair discrimination by immediate supervisors / Masebole Paul Nthelebovu." Thesis, 2011. http://hdl.handle.net/10394/15720.

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The relationship between an immediate supervisor and an employee is of critical importance in employment relations. This relationship should be founded on trust in order to ensure job satisfaction and productivity. Unfair discrimination is prohibited in South African organisations, and is therefore legally and socially unacceptable. Unfair discrimination by immediate supervisors could lead to lower levels of job satisfaction and other negative forms of work behaviour. Employees who are exposed to unfair discrimination can respond in a number of formal and informal ways. South African labour la
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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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Liu, Shu-Ting, and 劉舒婷. "Unfair labor practices arising from duty to bargain in good faith - a comparison between the United States and Taiwan." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/c4324s.

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Van, Zyl Phillipus Edmond. "Die beregting van 'n onbillike arbeidspraktyk in die nywerheidshof." Thesis, 2015. http://hdl.handle.net/10210/14151.

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45

Lebepe, Nthuse Norman. "Inherent requirements of the job as a defence to a claim of unfair discrimination : a comparison between South Africa and United States of America." Thesis, 2010. http://hdl.handle.net/10386/487.

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46

Bosiane, Josephine. "Employee response to untrustworthy behavior by immediate supervisors / Josephine Bosiame." Thesis, 2011. http://hdl.handle.net/10394/14791.

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Trust is one of the interconnecting links that nurture ongoing interactions between individuals. Trust is the crucial component of organisational effectiveness and is also viewed as an elementary aspect on developing communication relationships and satisfaction in the workplace. The purpose of this study was to investigate the differences in employee intended response towards untrustworthy behaviour by immediate supervisors. Untrustworthy behaviour by immediate supervisor results in confusion, worry, and fear, which at the end slows the wheels of progress and profit. A major finding in this st
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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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48

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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Raligilia, K. H. "Current issues concerning the duty of mutual trust and confidence in South African Labour Law." Thesis, 2012. http://hdl.handle.net/10386/731.

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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012<br>In Joseph v University of Limpopo & Others (JA14/09) [2011] ZALC 8 (13 May 2011) the Labour Appeal Court affirmed that there was unfairness in the process adopted by the employer in failing to renew the employee’s fixed term contract. This research paper examines the Labour Appeal Court’s reasoning in this case, with particular focus on the development of an implied term that each party to an employment contract owes the other a mutual duty of trust and confidence, and general reasonable behaviour. This paper further argues that mutu
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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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