Academic literature on the topic 'Unfair labour practices – Mauritius'

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Journal articles on the topic "Unfair labour practices – Mauritius"

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Taylor, J. M., and E. J. Radford. "Psychometric Testing as an Unfair Labour Practice." South African Journal of Psychology 16, no. 3 (1986): 79–86. http://dx.doi.org/10.1177/008124638601600302.

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The concept of unfair labour practice has been introduced into South Africa through the Labour Relations Act and it is argued that certain psychometric testing practices can be interpreted as falling under the definition of an unfair labour practice. Empirical results are presented indicating that different ethnic groups obtain significantly different mean ability test scores. A case-study is cited to show that this would result in underprediction of performance on a criterion for the lower scoring of two groups if test scores are regarded as comparable. It is argued that any interpretation of
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Mohamed, Ramesh Kumar Moona Haji, Che Supian Mohamad Nor, T. Ramayah, and Charles Ramendran S. P. R. Subramaniam. "Employee retention and unfair labour practices: perspective from Malaysian hotel industry." Middle East J. of Management 7, no. 6 (2020): 557. http://dx.doi.org/10.1504/mejm.2020.10031684.

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Mohamed, Ramesh Kumar Moona Haji, Che Supian Mohamad Nor, Charles Ramendran S. P. R. Subramaniam, and T. Ramayah. "Employee retention and unfair labour practices: perspective from Malaysian hotel industry." Middle East J. of Management 7, no. 6 (2020): 557. http://dx.doi.org/10.1504/mejm.2020.110663.

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STANZIANI, ALESSANDRO. "Local Bondage in Global Economies: Servants, wage earners, and indentured migrants in nineteenth-century France, Great Britain, and the Mascarene Islands." Modern Asian Studies 47, no. 4 (2013): 1218–51. http://dx.doi.org/10.1017/s0026749x12000698.

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AbstractThis paper compares the definitions, practices, and legal constraints on labour in Britain, France, Mauritius, and Reunion Island in the eighteenth and nineteenth centuries. It argues that the way in which indentured labour was defined and practised in the colonies was linked to the definition and practice of wage labour in Europe and that their development was interconnected. The types of bondage that existed in the colonies were extreme forms of the notion, practices, and rules of labour in Europe. It would have been impossible to develop the indenture contract in the British and Fre
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Seetah, Krish. "Contextualizing Complex Social Contact: Mauritius, a Microcosm of Global Diaspora." Cambridge Archaeological Journal 26, no. 2 (2016): 265–83. http://dx.doi.org/10.1017/s0959774315000414.

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This article supplements current dialogue on the archaeology of slavery, offering an Indian Ocean counterpoint to a topic that has largely focused on the Atlantic world. It also delves into the essentially uncharted domain of the archaeology of indentured labour. New plural societies, characterized by cultural hybridity, were created around the world as a consequence of labour diasporas in the late historic period. What do these societies look like during the process of nation building and after independence? Can we study this development through archaeology? Focusing on Mauritius, this paper
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Chicktay, Mohamed Alli. "Sexual Harassment and Employer Liability: A Critical Analysis of the South African Legal Position." Journal of African Law 54, no. 2 (2010): 283–97. http://dx.doi.org/10.1017/s0021855310000082.

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AbstractOn 27 April 1994 South Africans adopted a new constitution, with founding values of dignity, equality and freedom. Despite the new constitution, the majority of women remain victims within the workplace. They still find themselves a minority within senior management and are often subjected to sexual harassment. Women are either denied work opportunities for refusing to give in to a perpetrator's sexual advances or they are forced to work in an unpleasant environment that severely infringes on their dignity. There are five legal options available to victims of sexual harassment within t
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Betchoo, Nirmal Kumar. "The Need for Effective Leadership in Talent Management in Mauritius." International Letters of Social and Humanistic Sciences 27 (May 2014): 39–48. http://dx.doi.org/10.18052/www.scipress.com/ilshs.27.39.

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The importance of linking leadership to talent management is a priority for the Mauritian economy at a time when the economy shifts from the industrial and labour-intensive sector to a services and knowledge-based economy. There is a necessity to link leadership to talent management where local managers are in need of improving their leadership abilities and develop the talent that their organisations may in turn depend upon. It is not merely learning or getting trained in leadership that matters but, more importantly, the need to generate talent from effective leadership strategies. This rese
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Ogancha O, Ogbole, and Oreoluwa Omotayo Oduniyi. "Workers’ Protection in the Covid-19 Era in Nigeria." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 8, no. 2 (2021): 292–312. http://dx.doi.org/10.22304/pjih.v8n2.a7.

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Against the backdrop of measures adopted sequel to the outbreak of the pandemic, this research focuses on the impact of Covid-19 on the workplace. It highlights and interrogates the utility of responsive measures and also articulates recondite labour issues relating to changing work patterns, pay cuts, job losses culminating in growing unemployment rate, and occupational safety and health concerns within the context of extant labour standards. It also extends focus to the impact of Covid-19 on existing challenges revolving around working poverty, decent work deficit, unfair labour practices, a
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Selala, Kobolo J. "The Enforceability of Illegal Employment Contracts according to the Labour Appeal Court Comments on Kylie v CCMA 2011 4 SA 383 (LAC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 2 (2017): 206. http://dx.doi.org/10.17159/1727-3781/2011/v14i2a2569.

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The Labour Appeal Court in Kylie v CCMA decided the vexed question as to whether or not the CCMA has jurisdiction to resolve a dispute of unfair dismissal involving a sex worker. Both the CCMA and the Labour Court had declined to assume jurisdiction to resolve the dispute on the basis that the employee’s contract of employment was invalid and therefore unenforceable in law. The Labour Appeal Court, on the other hand, overturned the Labour Court’s decision and held that the CCMA has jurisdiction to resolve the dispute, regardless of the fact that sex work is still illegal under the South Africa
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Orchiston, Alice. "Precarious or Protected? Evaluating Work Quality in the Legal Sex Industry." Sociological Research Online 21, no. 4 (2016): 173–87. http://dx.doi.org/10.5153/sro.4136.

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Decriminalising (or legalising) sex work is argued to improve sex workers’ safety and provide access to labour rights. However, there is a paucity of empirical research comparing how different regulatory approaches affect working conditions in the sex industry, especially in relation to venues that are managed by third parties. This article uses a mixed methods study of the Australian legal brothel sector to critically explore the relationship between external regulation and working conditions. Two dominant models of sex industry regulation are compared: decriminalisation and licensing. First,
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Dissertations / Theses on the topic "Unfair labour practices – Mauritius"

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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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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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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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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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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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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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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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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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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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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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Books on the topic "Unfair labour practices – Mauritius"

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Sian, Moore, and Wood Stephen 1948-, eds. Unfair labour practices. Institute of Employment Rights, 2003.

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Grogan, John. Dismissal, discrimination, and unfair labour practices. Juta, 2005.

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Dismissal, discrimination, and unfair labour practices. 2nd ed. Juta, 2007.

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Principles of unfair labour practice. Juta, 1985.

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Poolman, Theodorus. Equity, the court, and labour relations. Butterworths, 1988.

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Srivastava, Kirpa Dayal. Law relating to trade unions and unfair labour practices in India. 3rd ed. Edited by SCC Editorial Office. Eastern Book Co., 1993.

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Marpakwar, P. C. Maharashtra recognition of trade unions & prevention of unfair labour practices cases, 1990-2000. Shanti Law House, 2001.

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Godard, John. Trade union recognition: Statutory unfair labour practice regimes in the USA and Canada. Dept. of Trade and Industry, 2004.

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Scott, Sam. Labour exploitation and work-based harm. Policy Press, 2018.

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(India), Maharashtra. The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, with Rules 1975, Industrial Court Regulations, 1975, and the Labour Courts (Practice and Procedure) Rules, 1975, as amended up-to-date. Premier Pub. Co., 1990.

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Book chapters on the topic "Unfair labour practices – Mauritius"

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Page, Jamie. "Municipal Prostitution and Subjectivity." In Prostitution and Subjectivity in Late Medieval Germany. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862789.003.0003.

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This chapter explores a criminal investigation into an alleged abortion in the municipal brothel of Nördlingen in 1471–2. As well as abortion, the city council was drawn into investigating a range of exploitative labour practices imposed on the women by two brothel-keepers after allegations of abuse surfaced from the women in the brothel during the initial hearings. The chapter argues that municipal prostitution created the opportunity for women to engage a subject position of common women (gemeine frawen) in dialogue with the authorities, one which enabled them to push for redress of unfair working conditions. The latter sections of the chapter focus on one woman in particular, Els von Eichstätt, alleged to have been forced to abort her child. It places Els’s own ordeal in the larger context of abuses uncovered at the trial to examine how discourses surrounding municipal prostitution shaped individual experience.
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Vosko, Leah F. "Sustaining Bargaining Unit Strength." In Disrupting Deportability. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501742132.003.0005.

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This chapter explores challenges to maintaining strong bargaining units posed by threats of attrition, either through formal decertification or by other means producing similar outcomes. It first documents trends in numerical attrition at Sidhu & Sons, in the context of Canada's introduction of other more highly deregulated temporary migrant work programs (TMWPs) operating in agriculture and those programs' subsequent growth. The size of the bargaining unit at Sidhu, comprised of SAWP employees exclusively, shrank after certain employees' attempt to decertify it, despite the fact that the Labour Relations Board (LRB) had refused to cancel its certification. Given the absence of an active attempt to decertify the bargaining unit, it is nevertheless difficult to determine how attrition continued at Sidhu. To demonstrate the how of this often subtle modality of deportability, the chapter then chronicles strategies fostering attrition in the bargaining unit encompassing SAWP employees at Floralia Plant Growers Ltd., which the union originally tried to draw into the foregoing complaint of unfair labor practices and coercion and intimidation directed at Sidhu.
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