Thèses : « Discrimination in employment – South Africa – Gauteng »

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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 South African law is developing to give effect to the notion of substantive equality with a view to eradicate the systematic discrimination of the past.

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Loyson, Madeleine. « Substantive equality and proof of employment discrimination ». Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1059.

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This dissertation is a journey through the legislative changes and case law in order to analyse and evaluate the changing nature of South African jurisprudence in respect of the notions of equality, discrimination and affirmative action and the manner in which these issues are proved and dealt with in our courts. It focuses firstly on the emergence of the post-Wiehahn labour laws and the developing jurisprudence concerning discrimination in South Africa towards the end of a long period of isolation from the international world. It witnesses the growing cognizance which was taken of international guidelines and their slow and gradual incorporation into our jurisprudence before the institution of the new democratic government, in the days when the country was still firmly in the grip of a regime which prided itself on its discriminatory laws. It also deals in some depth with the new laws enacted after the first democratic government was installed, especially in so far as the Constitution was concerned. The first clutch of cases dealing with discrimination which were delivered by the Constitutional Court and their effects on decisions of the labour courts thereafter, are dealt with in great detail, indicating how important those judgments were and still are ten years later. A special chapter is devoted to the Harksen case, still a leading authority on how to deal with allegations of unfair discrimination. Having traversed several of the judgments of the labour courts after Harksen, several observations are made in the conclusion of the study which, it is hoped, summarize the major areas of concern in respect of the task of testing claims of unfair discrimination arising in our Courts.

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Dlamini, David Vusi. « A comparative study of employment discrimination in South Africa and Canada ». Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/330.

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South Africa and Canada have emerged from a history fraught of inequalities, which were characterised by segregationist practices. Such inequalities have served as an epitome of discrimination taking place in the society and the workplace in both countries. Both South Africa and Canada had their discrimination affecting black peoples (Africans, Indians and Coloureds) and Aboriginal peoples (Indians, Inuits or Métis) respectively, women and people with disabilities. In both countries discrimination has polarised society. It is against this backdrop that both countries have attempted to eliminate unfair discrimination through the promulgation of relevant legislation that seeks to, inter alia, provide the regulatory framework in respect of employment discrimination. With the foregoing in mind, the purpose of this work is the provision of a selection of comparable aspects of employment discrimination in Canada and South Africa. This selection comprises discrimination on the basis of race, gender, sex, pregnancy, age and HIV/AIDS. The study uses, as its departure point, both countries’ constitutional framework to elicit the extent to which protection against unfair discrimination is extended to the workforce. Apart from looking at the constitutional provisions towards the elimination of unfair discrimination, reference is made to specific employment statutory provisions in order to provide a comprehensive and explicit picture of how workplace discrimination in both countries is regulated. The study focuses on substantive law from both countries about the above -mentioned aspects of discrimination. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of discrimination could lead to failure to achieve the objectives of the study. It also looks at specific Canadian and South African case law, judgments of the courts and jurisprudence in the field of employment discrimination in order that the reader is presented with a clearer picture of recent developments in addressing workplace inequalities.

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Oosthuizen, Tania. « Discrimination based on age in labour law ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19484.

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This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.

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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 particular. In our new Constitutional dispensation there have also been circumstances where certain kinds of discrimination have become accepted on society, for example Affirmative Action, and an enquiry into the difference between discrimination and differentiation will therefore also be necessary. The provisions of the Employment Equity Act,2 which deal specifically with eliminating unfair discrimination in the workplace, and the Labour Relations Act,3 which deals primarily with the rights of employees, employers and trade unions, and seeks to harmonize employer-employee relations will be discussed wherein specific reference will be made to section 187(2)(b) of the LRA. A further discussion will outline the circumstances of what is meant by dismissal in the context of age based dismissals, and whether such a dismissal is infact a dismissal and whether, within the requirements of the LRA such a dismissal, or termination of employment contract, is infact fair. Furthermore, a comparative perspective of other jurisdictions will give a more complete understanding of the issue of age-based dismissals within the current context. However, to refer to legislation and foreign decisions alone, while being of important reference, is not enough and a enquiry into our own case law will be of significant importance to determine a path of direction one can expect when faced with a question of dismissals based on mandatory retirement ages, and in particular, a dismissal which has been so executed with recourse to section 187(2)(b) of the LRA. In the various cases the reasoning and rationale behind the decision making will shed light on a seemingly unresolved area of labour law, and in reading further not only in the judgments but also in various articles, one will see that there are many arguments for and against the use of a mandatory retirement age, the most important of which will be highlighted.

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Voges, Sarah M. (Arisa). « Discrimination in the workplace ». Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52238.

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Thesis (MBA)--Stellenbosch University, 2001.
Some digitised pages may appear cut off due to the condition of the original hard copy
ENGLISH ABSTRACT: The Employment Equity Act of 1998 compels organisations to eradicate all forms of discrimination in organisational processes and procedures. However, an ethical organisation that values and treats all employees in a fair and equitable manner has a definite strategic advantage and organisations therefore need to develop organisational cultures where managing diversity, fair dealing and equity are paramount. Organisations must ensure that optimum performance management practices are established and that rewards are allocated equitably and fairly according to merit. Recruitment and promotion selection procedures must be revised to guarantee fairness. Training and development interventions must be applied fairly to equalise opportunity. A survey conducted amongst MBA students at the USB identified that negative stereotyping and biased treatment persist in management practices. The provision of equal opportunities and managing diversity are concerns that need to be addressed. A good internal process to deal with the eradication of discrimination must be adopted by implementing a non-discrimination policy and conducting discrimination audits. All discrimination complaints must be dealt with speedily and at the lowest possible level. The remedial model developed in this technical report provides a consistent procedure whereby formal and informal complaints of discrimination could be dealt with fairly and effectively to assist organisations in eradicatinq discrimination in the workplace.
AFRIKAANSE OPSOMMING: Die Wet op Gelyke lndiensopneming van 1998 noodsaak die uitwissing van diskriminasie in alle prosesse en prosedures van organisasasies. 'n Etiese organisasie, wat alle werknemers op'n gelyke en gelykwaardige manier behandel en respekteer, het egter 'n strategiese voordeel en dit noodsaak die ontwikkeling van 'n organisatoriese kultuur waar die bestuur van diversiteit, gelyke regte en regverdige handel voorrang moet geniet. Optimale prestasiebestuurspraktyke moet ingestel word en daarvolgens moet alle vergoeding en beloning regverdig, volgens meriete, geskied. Die prosedures vir die keuring van kandidate vir werwing en bevordering moet vir die versekering van regverdigheid hersien word. Opleiding en ontwikkeling moet aangewend word om gelyke geleenthede vir almal te skep. 'n Steekproef wat onder huidige MBA-studente onderneem is, het getoon dat negatiewe stereotipering en bevooroordeling nog op 'n gereelde grondslag in bestuurspraktyke voorkom. Die verskaffing van gelyke geleenthede en die effektiewe bestuur van diversititeit is veral sake wat dringend aandag moet geniet. Dit is belangrik dat organisasies 'n goeie interne proses om diskriminasie uit te roei in werking stel deur die daarstelling van 'n nie-diskriminasie beleid en gereelde diskriminasie ouditte. Alle klagtes van diskriminasie moet spoedig en op die laagste moontlike vlak ondersoek word. Die remediërende model wat in hierdie navorsingsverslag ontwikkel is, verskaf 'n bestendige prosedure waarvolgens alle aantygings regverdig en doelmatig hanteer kan word.

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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 in the recruitment process. When writing the job description and a person specification, the employer should state clearly what tasks the person will have to execute and what skills will be needed for the job. Job descriptions should accurately describe the genuine essential duties and inherent requirements of the job. Personnel specifications should accurately describe the relevant, non-discriminatory and objectively justifiable requirements to be met by the post-holder. Specifications should not have any requirements that are not directly related to the job and it is important for employers to provide evidence that each recruitment and screening practice is job-related and consistent with business necessity. Employers are advised to devise and implement recruitment procedures and guidelines for all staff and applicants involved in the process of recruitment and to ensure that these incorporate the principles of the organisation’s equal opportunity principles. Employers should administer recruitment and other selection procedures without regard to race, colour, national origin, sex, religion, age and disability. Even though South Africa is now governed by a new democratic order, historical workplace inequalities still need to be addressed. Not only compelled to redress inequalities by the Constitution, the South African government was motivated by the International Labour Organisation (ILO) to enact laws that would prohibit discrimination and promote the economic advancement of the majority. Recruitment tests or selection procedures must be job-related and its results appropriate for the employer’s purpose. If a recruitment procedure screens out a protected group, the employer should determine whether there is an equally effective alternative selection procedure that has less adverse impact and, if so, adopt the alternative procedure. The justification of discrimination in recruitment practices and affirmative action is only meaningful if it is targeted towards particular aims. One of the more important defences against unfair discrimination in the workplace is the general fairness defence. The general fairness defence is considered to be an applicable defence based on fairness in situations where the two statutory exceptions do not apply. This means than when one looks at the concept of unfair discrimination it implies that discrimination may be justified in certain circumstances Legislation prohibits discrimination on various grounds especially throughout the process of recruitment and selection. There are limited exceptions to the general principle that it is unlawful to use gender, race, religion or sexual orientation as a criterion in the recruitment process. These exceptions are known as genuine occupational qualifications and the specifications for jobs should be carefully examined to ensure that there are no factors contained that are indirectly discriminatory. Focus must be placed on avoiding indirect discrimination in job factors. In the early stages of the recruitment process, an employee specification should be written that describes the type of person the employer seeks to be appointed in terms of qualifications, experience, skills and personal attributes. The imposition of inappropriate or unsuccessfully high standards or criteria may indirectly discriminate against people from a particular minority or racial group or religion. Employees must have the necessary skills to demand employment equity status especially where a designated employer does not have sufficient affirmative action employees and is obliged to rectify the situation. However, this does not mean that affirmative action applicants must be chosen above non-affirmative action employees. The principle of reversed discrimination stands firm if the motivation for appointing a particular person is based on a genuine desire to promote diversity, to apply affirmative action and to increase the numbers of people from a disadvantaged group in employment, or to create a more balanced workforce.

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Steto, Zoleka. « Preference and discrimination in the construction industry in the Nelson Mandela Bay Municipality ». Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021156.

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The aim of this paper is to discover if women are still discriminated against, given fair and equal opportunities as men in the construction industry in the Nelson Mandela Bay Municipality. This paper will also provide recommendations and possible solutions to the problem of discrimination. It will look at the policies government developed to ensure equality and women empowerment in the industry.

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Ristow, Liezel. « Sexual harassment in employment ». Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/341.

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Africa as no exception. It is generally accepted that women constitute the vast majority of sexual harassment victims. Sexual harassment is therefore one of the major barriers to women’s equality as it is a significant obstacle to women’s entrance into many sectors of the labour market. The Constitution now provides that no person may unfairly discriminate against anyone on grounds of, inter alia, sex and gender. The Employment Equity Act now provides that harassment is a form of unfair discrimination. It has been said that harassment is discriminatory because it raises an arbitrary barrier to the full and equal enjoyment of a person’s rights in the workplace. Much can be learned from the law of the United States and that country’s struggle to fit harassment under its discrimination laws. The Code of Good Practice on the Handling of Sexual Harassment Cases attempts to eliminate sexual harassment in the workplace by providing procedures that will enable employers to deal with occurrences of sexual harassment and to implement preventative measures. The Code also encourages employers to develop and implement policies on sexual harassment that will serve as a guideline for the conduct of all employees. Although the Code has been subject to some criticism, particularly regarding the test for sexual harassment, it remains a valuable guide to both employers and employees alike. The appropriate test for sexual harassment as a form of unfair discrimination has given rise to debate. Both the subjective test and the objective test for sexual harassment present problems. Some authors recommend a compromise between these two tests in the form of the “reasonable victim” test. The Employment Equity Act makes the employer liable for the prohibited acts of the employee in certain circumstances. The Act, however, places certain responsibilities on the employer and the employee-victim before the employer will be held liable for sexual harassment committed by an employee. Sexual harassment committed by an employee constitutes misconduct and can be a dismissible offence. An employer may also be held to have constructively dismissed an employee, if the employer was aware of the sexual harassment and failed to control such behaviour, and the employee is forced to resign. The test for determining the appropriateness of the sanction of dismissal for sexual harassment is whether or not the employee’s misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. However, for such a dismissal to be fair it must be both substantively fair and procedurally fair.

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Mariotti, Martine Georgia. « White control of black employment an analysis of the effects of apartheid era labor legislation on black employment in South Africa / ». Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1619405951&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Meyer, Malcolm James. « Challenges facing the implementation of the employment equity act in public FET colleges in the Western Cape ». Thesis, Cape Peninsula University of Technology, 2014. http://hdl.handle.net/20.500.11838/1949.

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Dissertation submitted in fulfilment of the requirements for the MAGISTER EDUCATIONIS in the Faculty of Education at the Cape Peninsula University of Technology 2014
The apartheid system caused severe pain, injustice and financial loss to the majority of South African people. To redress the aftereffects of racial discrimination in the workplace, the Employment Equity Act (EEA) of 1998 was established. While there is some research on the challenges of implementing the EEA legislation in universities, there is a paucity of research on the difficulties faced by Further Education and Training (FET) Colleges. The purpose of this research project was to investigate the extent to which the EEA has been implemented in public FET Colleges located in the Western Cape Province, with the specific objective of identifying possible barriers to the implementation of the EEA in these Colleges. The research question was: What types of challenges1, or barriers (if any), exist in the implementation of the EEA in public FET Colleges in the Western Cape? This study is informed by critical social theory. The design of research in this study is both qualitative and quantitative. Data were collected from Deputy Chief Executive Officers (Corporate Services), Human Resources Managers and Campus Heads from each of the four Colleges. Semi-structured, open-ended interviews and documentary analysis were used. Data were analysed quantitatively and qualitatively. Four of the six FET Colleges in the Western Cape Province were selected on the basis of their geographical location and the diversity of their personnel. Results revealed that in public FET Colleges in the Western Cape, white males and coloured females dominate top management positions. Data further showed that the Indian group is the least represented at both top and bottom levels of these FET Colleges. Although white females are fewer than their coloured female counterparts in top positions, they are nonetheless more than double the number of their black female counterparts. These results have serious implications for implementation of EEA legislation in general, and in the Western Cape specifically.

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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 of an unfair-discrimination claim since the defence is available in terms of both the Employment Equity Act, in respect of employment discrimination, and the Labour Relations Act in respect of discriminatory dismissals. The defence is narrow in that only essential duties of a particular job will be taken into account to determine inherent requirements of a particular job. Reported judgments where this defence is used are scant. What makes the defence more onerous is that an employer has to show that the particular employee could not be reasonably accommodated, before the inherent-requirement defence will succeed. It is integral to the determination of whether there was unfair discrimination and whether such discrimination was justifiable. An important debate in our discrimination law relates to the question of whether any significance should be attached to the fact that only unfair discrimination is outlawed. Neither of the aforementioned pieces of legislation clearly state that affirmative action or an inherent requirement of a job are the only defences available to employers. Where these two defences are found to be not applicable, may the fairness be decided in terms of a general fairness defence? This question is also addressed in the present treatise. It is submitted that foreign law is a valuable interpretive tool, provided it is used wisely, in that judgments originating from courts and tribunals in the United Kingdom and Canada may assist to provide an understanding of the issues central to employment discrimination law and the parameters of the defence of inherent requirements of the job. Thus, in developing employment discrimination law in South Africa, consideration of foreign jurisprudence may prove informative.

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Taylor, Nicola. « Unfair discrimination and affirmative action in the South African Police Service ». Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/8693.

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Affirmative action is the purposeful, planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on a local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminted by unfair discrimination in the past. the Emplyment Equity Act was brought into the South African government to bring equality to all. Unfair discrimination is a branch of affirmative action in which individuals are discriminated against not only on race, but includes colour, sex, religion, age, disability, language and the likes. Section 9 of the Constitution of South Africa prohibits unfair discrimination against any person on any of the listed grounds. Section 2 of the Employment Equity Act is in place to aim to achieve equity within the workplace by promoting equal opportunity and fair treatment as well as eliminating unfair discrimination. Section 6, like the Constitution, lists grounds against which an individual may not be discriminated. Historically, the South African Police Services were a deeply-routed racist organization, where only white males were afforded better opportunities. This however changed after South Africa became a democratic country and with the introduction of the SAPS Act. Transformation within the SAPS took place after South Africa moved towards a democratic society.

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Fredericks, Fadwah. « The effect of affirmative action on the reduction of employment discrimination ». Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5265.

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Magister Commercii - MCom
South African labour relations are associated with a history of extensive discrimination and segregation, subject to various types of discrimination during the apartheid era, including employment discrimination. This study explores the effect of Affirmative Action on the reduction (if any) of employment discrimination since the advent of democracy. It investigates whether the extent of employment discrimination by race and gender has decreased, 20 years since the economic transition. The first part of the study gives an overview of the South African labour legislations, both discriminative legislations and statutes aimed at redressing the imbalances of the past. The empirical part of the paper employs a sample that represents the labour force (excluding informal sector workers, agricultural workers, domestic workers and self-employed) aged between 15 and 65 years. The methodology in this study firstly estimates probit models describing the labour force participation, employment and occupational attainment, followed by the Oaxaca-Blinder decomposition, using data from OHS 1997-1999, LFS 2000-2007, QLFS 2008-2014 and NIDS 2008-2012. The OHS/LFS/QLFS decomposition results show that the unexplained component of the White-Black employment probability gap does not reveal any strong downward trend overtime. Also, results on the occupational attainment gap indicate that there was an increasing occupational attainment probability gap between Whites and Blacks which was partially driven by an increase in the unexplained component. This implies that Affirmative Action was not successful in reducing racial discrimination in the South African labour market. Additionally, the unexplained component is most dominant in the male-female employment gap decomposition. This suggests employment discrimination against females is very serious. However, the male-female highly-skilled employment likelihood shows no clear trend over time. These results suggest that when it comes to employment discrimination against females, this may have taken place more seriously when it comes to the unskilled or semi-skilled occupations.

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Lee, Deborah Ellen. « Feminisation a period of labour market changes in South Africa ». Thesis, University of Port Elizabeth, 2005. http://hdl.handle.net/10948/363.

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The post-1994 role of women in the South African economy is changing with respect to issues such as education and employment opportunities. In the past, men tended to hold the primary or ‘good’ jobs, which have the greatest stability and promotional potential, whilst women tended to hold the secondary or ‘poor’ jobs, which have lower stability and lower wages (Kelly, 1991). Women’s labour force participation has risen significantly over the years since 1994, but more in depth research is needed in order to determine where and how changes could be implemented to ensure that any past gender inequalities fall away with minimal impact on the economy as a whole. As such, certain dynamics within the labour market need to be considered. Firstly, pre-market types of discrimination, including issues such as gender discrimination during the acquisition of human capital through educational attainment should be considered. In most countries, women enter the labour market with severe disadvantage in that they have been subject to discrimination in schooling opportunities (Standing, Sender & Weeks, 1996). Secondly, the feminisation of the labour force is dealt with, as well as what factors affect the female labour force participation decision (i.e. the decision of whether to participate in the labour market or not). iv Thirdly, employment discrimination is investigated, including the concept of ‘occupational crowding’. An analysis of trends in the occupational structure of economically active women in South Africa shows the typical shift out of agriculture into industrial related jobs (Verhoef, 1996). Lastly, wage discrimination is analysed, in order to determine if women get lower rates of pay for ‘equal work’. The objectives of this study are aimed at determining whether there have been any positive changes with respect to women in any of these focal areas mentioned above. There are studies that have established gender differentials when it comes to formal education, and these place women at the disadvantaged end (Bankole & Eboiyehi, 2000). If one considers the educational measures, namely, the levels of literacy, years of education, and overall educational attainment, employed by this country to determine whether there are in fact observed differences between the education of boys and girls, the following was found: Males rate higher with respect to two of these measures, namely literacy and educational attainment, and are thus able to exhibit lower levels of poverty than females in South Africa. Men exhibit slightly higher literacy rates than women of the same age (Statistics South Africa, 2002), and men also rate higher than women when it comes to university education. With regards to primary and secondary school attainment v since 1994, the gender gap does appear to have disappeared. The ‘neoclassical model of labour-leisure choice’, as applied in this study, shows that as the wage rate increases, women have an incentive to reduce the time they allocate to the household sector and are more likely to enter the labour market. In South Africa, however, the increase in the female participation rate has merely translated into a rise in unemployment and has not been associated with an increase in the demand for female labour. This implies that South African women are being ‘pushed’ into the labour market due to economic need, rather than being ‘pulled’ into the labour market in order to earn a higher wage. Women are gradually becoming better represented at all levels across a wide range of occupations. Women, however, continue to face greater prospects of unemployment and to earn less than their male counterparts even when they do find employment. These lower female wages are partly as a result of ‘occupational crowding’, whereby women are over-represented in certain occupations resulting in excess labour supply which drives down the wage rate. It has been determined that the problem of occupational crowding is a real and immediate one and has been found to depress wages within certain female specific occupations.

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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 discriminate directly or indirectly against anyone and that national legislation must be enacted to prevent or prohibit unfair discrimination. To enforce this, certain legislations like the Labour Law Act, Employment Act, Promotion of Equality and Prohibition of Unfair Discrimination Act (Equality Act), were enacted to give effect to the equality provision of the Constitution. In a similar vein, in Nigeria, workplace discrimination which is at the top of human rights violation perpetrated by employers of labour is of paramount concern to legislators and the government. Sex , age, ethinicty, religion, trade union membership and political opinion are some of the grounds upon which workers may not be discriminated against in Nigeria. Section 17 of the Constitution states that the State social order is founded on the ideals of freedom, equality and justice. It goes on to provide that every citizen shall have equality of rights, obligations and opportunities before the law. More specifically, the section stipilates that the State shall ensure that all citizens, without discrimination of any group whatsoever, have the opportunity of livehood as well as adequate opportunity to secure suitable employment and that there is equal pay for equal work without discrimination on account of sex, or any ground. Hence, there are The Nigerian Labour Act, the Federal Character Commission, etc that are saddled with the responsibility of addressing unfair discrimination and giving force to the provision of the Constitution. Despite the anti-discrimination laws and provisions made available in both countries, it is still alarming to see that unfair discrimination in the workplace is still on the increase. This, as will be discussed later, is probably due to factors such as lack of communication, long-stading patterns of educational inequalities that have resulted in inequalities in manpower, differences in drive, motivation, cultural disposition and geographical opportunities, racial difference and ethnicity, domination of one group by the other, etc. This research will briefly focus on the comparison between the approaches to unfair discrimination in employment between South Africa and Nigeria. It will discuss the development of unfair discrimination, grounds on which it is perpetrated, defences relating to unfair discrimination, and anti-discrimination laws put in place by the two jurisdictions to curb discrimination, as well as suggest on how to forestall unfair discrimination.

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Laher, Ismail. « A critical analysis of employment equity measures in South Africa ». Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1003195.

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This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.

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Ring, Grant. « An investigation into the progress made towards achieving employment equity at Calsonic Kansei South Africa (PTY) Limited in terms of the Employment Equity Act no. 55 of 1998 ». Thesis, Port Elizabeth Technikon, 2002. http://hdl.handle.net/10948/104.

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The key aspect to stimulating economic and individual growth in the workplace has been shown in numerous case studies to be the removal of discrimination. Affirmative Action looks at dealing with, and making amends for past injustices, as well as moving towards equal employment opportunities in a constructive manner. It is about recognizing that people are inherently different whilst trying to achieve a “colour – blind” society. The Employment Equity Act No. 55 of 1998 was put in place by Government to facilitate the implementation of fair workplace practices, which will correct the imbalances of the past as well as creating a workforce, which reflects the demographics of South Africa. The inequalities in employment patterns and practices with respect to access to employment, training, promotion and equitable remuneration especially for black people, women and people with disabilities are addressed in the said Act. The Employment Equity Act is quite specific about the minimum requirements of an organisation’s Employment Equity Plan, which make it easy to identify what progress is being made towards ending discrimination in the workplace. The minimum penalty for contravening the Employment Equity Act is R500 000 and the maximum is R900 000. The question arises as to whether South African organisations are merely implementing Employment Equity policies to adhere to the basic requirements and deadlines of the Act. Or, are these policies genuinely based on commitment to the principles of equality and equal opportunity for all in the workplace. Calsonic Kansei South Africa has put into place various training and succession plans, which will help to achieve the organizational goal of being more equitable in terms of the Employment Equity Act. Employment agency databases have also been analysed to determine the availability of suitably qualified Affirmative Action employees. In this paper the writer will investigate the progress that Calsonic Kansei South Africa has made towards achieving Employment Equity in relation to other organisations within the same industry.

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Pillay, Sadeshini Shunmugan. « A study of the barriers to career progress of women in an organisation ». Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/822.

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Due to the continual constant battle women have to face in order to progress in the workplace, it has become necessary to assess the degree of transformational change within the workplace within South Africa to try to establish just what these barriers are and how it can be overcome. To examine the main problem, three sub-problems were identified. The first sub-problem that had been identified dealt with what the women’s rights in the new South Africa. It was investigated by evaluating the situation in the New South Africa and what has changed from the past. Is there more gender equality or not. The second sub-problem looked at the barriers that women face in the workplace. It is evident that sexual harassment, male chauvinism, trying to balance work and family as well as organisational structure and culture were among the top barriers that are a hindrance to women’s advancement in the workplace. Finally, the third sub-problem investigated what the glass ceiling effect is and the effect that this has on women in the workplace. The investigation evaluated, and emphasised the difficulties that women face in order to progress in the hierarchy of not only management but other occupations as well. Results have shown that most females and males believe that the glass ceiling is prevalent in the workplace. Most people believe that women can however break through the glass ceiling but now there is a new phenomenon, “The Glass Cliff” which allows women to break through the glass ceiling but only of organisations that are already in trouble.

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Morton-Achmad, Derrick. « A normative model for the employment of people with disabilities within the provincial government of the Western Cape ». Thesis, Cape Peninsula University of Technology, 2008. http://hdl.handle.net/20.500.11838/1685.

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Thesis (DTech (Public Management))--Cape Peninsula University of Technology, 2008.
The research investigates trends in the employment of people with disabilities within the Provincial Government of the Western Cape (PGWC) and develops a normative model to address the matter of low employment and progression rates of people with disabilities within the PGWC. The advent of democracy in 1994 in South Africa witnessed the enshrinement of the fundamental human rights of all citizens, particularly within previously disadvantaged groups. Yet, in spite of rights being legislated for people with disabilities, such people within the public service represented only 0.15% of the total staff complement of the public service nationwide, as at December 2004, compared to the 2% target legislated in 1995. The research examines a philosophical and theoretical approach to managing the employment and retention of people with disabilities within the public service in Chapter Two, before providing a synopsis of the existing constitutional and legislative framework that supports access to employment for people with disabilities. The subsequent Chapters examine trends in the employment of people with disabilities within the PGWC, in conjunction with a situational analysis of disability in South Africa. The recruitment and selection practices within the PGWC are then examined in order to determine whether specific disability actions have been incorporated into the documentation. Finally, key recommendations follow a description of the research methodology and the presentation of the most salient findings of the study. The proposed normative model incorporates eight sets of criteria jointly derived from the literature and the empirical survey. The sets of criteria must be put in place for the achievement of a sustained increase in the employment of people with disabilities. The findings on disability employment in the PGWC are generalised to the remaining eight provinces in the country on the basis that the same policy and procedure documents are regulatory in all nine provinces.

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Joseph, Gavin David. « An investigation into the impact of employment equity within Telkom : Eastern Cape ». Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/192.

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As a country, South Africa has undergone major social and political changes, specifically over the past two decades. Along with these changes, new legislation such as the scrapping of the Group Areas Act, changed the face of residential areas to one where suburbs now reflect the demographics of the country. Inevitably, changes in the business world also came about, one significant change being the promulgation of the Employment Equity Act (No.55 of 1998) which regulates employment practices in an attempt to make the workforce a true reflection of the South African population. The change in labour legislation came at a time when the effects of globalisation increased levels of competition amongst organisations. Understandably, certain business leaders raised concerns that the introduction of the Employment Equity Act could lead to a lowering of standards and therefore competitive advantage. The purpose of this research was to establish if these early concerns were indeed valid and if the implementation of this legislation had any negative impact on Telkom SA Limited (Telkom), the organisation selected for this study. Particular attention was paid to investigate the impact of the implementation of the Act on three critical areas of business, namely: Productivity; Profitability; and Customer satisfaction. In order to achieve the objectives of the research, the following approach was followed: Firstly, a comprehensive literature study was conducted to determine what led to the passing of this legislation and to establish what the literature revealed about the advantages and challenges of a diverse workforce; Secondly, the views of Telkom management in the Eastern Cape on the impact of the implementation of employment equity were obtained by means of an empirical study which involved the completion of a comprehensive questionnaire; and Lastly, the responses to the questionnaire were collated and analysed to determine the extent to which Telkom had implemented the legislation, and if the company had experienced any negative effects due to this implementation.

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Gotyi, Zamikhaya Gladwell. « Investigating the implementation of the employment equity plan at Amatola Water Board in the province of the Eastern Cape ». Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1016268.

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With the advent of democracy in South Africa in the early 1990s, the new government had to introduce major social, economic and political changes in order to undo the damages inflicted by many years of both colonialism and apartheid. These changes included the scrapping of discriminatory legislations and drafting of new laws to regulate employment practices. Amongst the pieces of legislation that the new South African government put in place, the Employment Equity Act, (Act 55 of 1998) was a major turning point in the elimination of discrimination at the workplace and redressing the injustices of the previous regimes. The Act is aimed at regulating the employment practices in an attempt to make the workplace a true reflection of the South African demographics. As a result, the promulgation of the Act had a major impact on the organisations in South Africa and has affected the way they now do business. Although the Act has been in existence for 14 years, progress in the implementation of employment equity and affirmative action in organisations in South Africa has been far less significant, particularly in the representation of women in managerial positions. In South Africa, an overwhelming majority of managerial positions are still occupied by men, with marginal women occupying management positions. Thus, women are still experiencing discrimination and under-representation at the workplace. Noting this trend at Amatola Water Board, the researcher decided to investigate the extent of progress the organisation has achieved in the implementation of its Employment Equity Plan 2009-2014. The objectives of the study were to identify factors that could assist the organisation to effectively implement the Plan, identify the impediments that pose challenges to effective implementation of the Plan in the organisation, and establish the perceptions of employees on the implementation of the Plan in the organisation. To collect data for the study, the researcher used a qualitative research approach. In this regard, the researcher used questionnaires and interviews to collect qualitative data. A sample of fifty employees was selected for the administration of questionnaires and four additional employees were selected for interviews. Both samples were selected by purposive sampling. The study has established that employment equity is still a challenge that South African organisations are struggling to implement. The study has revealed that, at Amatola Water Board, there are indeed various factors that contribute to the low representation of women in managerial positions. These factors include the lack of management support for the implementation of the Employment Equity Plan, recruitment processes that fail to recruit sufficient numbers of qualified applicants, training and development practices that fail to produce the required number of qualified employees, unconducive organisational culture, veiled racial and gender stereotypes, and inadequate communication. Suggestions and recommendations to address these challenges have been espoused.

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Tshobotlwane, David Modisaotsile. « An investigation of the potential role of physically challenged persons in construction ». Thesis, Cape Peninsula University of Technology, 2005. http://hdl.handle.net/20.500.11838/1049.

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Thesis (MTech (Construction Management))--Cape Penninsula University of Technology, 2005
The construction industry contributes to the economy in terms of its labour intensive nature and status as a major employer of labour in many countries. This pivotal role is divided by its unappealing status ofbeing an industrial sector with the lowest level of employment of disabled persons. Despite the South African government's efforts to diversifY the industry's labour force, these have had little concrete effect on changing the demographics of construction especially relative to the representation of minority groups such as women and disabled persons. The industry presents both a challenging and hostile environment and attitudinal barrier for persons with disabilities. They have not been seen as part of the pool of people considered for employment, and when already employed, possible promotion. To change this negative image, conscious measures are necessary to remove barriers. These measures should include a change in leadership style and approach, fundamental change in culture, change in the negative image of the working environment, and full implementation of equal opportunity policies. This paper reports on the employment status of disabled persons within the construction industry. To achieve this, the qualitative methodology was adopted and included surveys, self-administered questionnaires and interviews as well as the quantitative methodology to validate the completeness of data

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Mosola, Sehlotsa Innocentia. « Implementating employment equity in the Department of Home Affairs, Transport and Education, Eastern Cape Province ». Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/218.

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This research was undertaken to investigate the challenges faced by employees at the Home Affairs Department, the transport Department and the Department of Education at King Williams Town in the Eastern Cape Province. A quantitative approach was used in this research. The sample consisted of 100 respondents of whom 98 returned completed questionnaires. The answers of the respondents were the data of this study and these were analyzed and interpreted in respect of the hypotheses of the research. The research involved the collection of detailed career, personal and structural perceptions of 98 employees. The data was used to establish the disparity among employees, from lower management to top management. It was found that even though there was a problem of discrimination in the olden days there has been a change in the sense that employment equity, affirmative action and diversity management have been introduced since 1994.

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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, there is realisation that this cannot be an absolute position. The Employment Equity Act makes provision that employers be able to justify discrimination even on the listed grounds where there are justifiable reasons. In terms of the EEA, it is not unfair discrimination to differentiate between employees on the basis of an inherent requirement of the particular job. It is this defence that is considered in the present treatise. The inherent requirements of the job as a defence in unfair discrimination cases is one, which needs to be carefully considered it in fact requires a clear understanding of what constitutes an inherent requirement. It is equally important to understand that although in one instance it may be justifiable to exclude certain employees on the basis of an inherent requirement of the job, a generalisation may give an employer difficulties under certain circumstances. An employer who is faced with a prospective employee who suffers from a particular illness that would make it impossible to do the job, could raise the defence of an inherent requirement of the job. However, the fact that a particular employee has the same illness as the previous one not employed does not give an employer an automatic right to exclude all prospective employees who suffer from the same illness without having had consideration of their circumstances as well as those of their illnesses. The defence of inherent requirements of the job is therefore valid only where the essence of the business would be undermined by employing or not employing people with certain attributes required or not required to do the job.

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Reddy, Parvathy. « An investigation of the barriers that impede the career advancement of women in management ». Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8273_1255006283.

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The aim of this study was to investigate the barriers that impede the career advancement of women at an auditing firm in the Western Cape. These include internal and external barriers. More specifically, the study aimed to establish whether significant differences exist between women in different age groups, job levels, race groups and single, divorce/widowed and married groups in the firm, regarding their views in relation to their own career advancement.

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Gouws, Renaldo. « The impact of affirmative action on overseas employment decision of final year students ». Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1241.

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Economical and educational problems are caused by the reversed effect of the Employment Equity Act and Affirmative Action. One such problem is called “brain drain” (Lundy, 2006), The general aim of the research was to determine whether affirmative action caused final year students of the Nelson Mandela Metropolitan University to consider overseas employment. A literature study was conducted before the empirical objectives were reached. The empirical study was of a quantitative descriptive and inferential nature. A cross-sectional survey design was used to achieve the empirical objectives. A self- administered survey package was handed out to final year students within the various disciplines at their various classes. One hypothesis was tested. The results indicated that support was found for the hypothesis. The findings are discussed in relation to the data gathered. The implications of the research and the limitations of the study are outlined in the Results chapter.

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Lawrence, Ebrahim. « Leadership qualities of women in project management in a selected local government department in the Western Cape, South Africa ». Thesis, Cape Peninsula University of Technology, 2018. http://hdl.handle.net/20.500.11838/2801.

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Thesis (MTech (Business Administration in Project Management))--Cape Peninsula University of Technology, 2018.
Much debate has been going on about the ability of women to lead in the large organisations around the country. The call for women to be given senior leadership positions appears to have run global as more and more women seek to get into powerful positions. Whilst the population of women is generally higher than that of men, women still remain in small numbers relative to men getting the positions. Research findings do not seem to have agreed on generalisations as to why women remain in few numbers even where they are in the majority. The hotel industry, the nursing field, etc. even in such establishments the number of women in leadership has remained low. Many theories have been advanced, including the allegation that men prefer male leaders to female leaders, women cannot stand pressure in the boardroom, and men stand on the progress of women in organisations. The researcher decided on getting information from subordinates in the organisation on their perception of good leadership as perceived by them. The questions were derived from existing theory on women leaders’ characteristics and standard behaviour for effective leadership. The respondents measured from the Likert scale their perception about certain characteristics deemed to be the strengths of women. This was done to avoid using gender as this would influence some responses to the questions. The findings indicate that not all ‘feminine’ positive attributes are necessarily accepted as leading competencies with some of the male characteristics considered ‘abhor able.’ Convenience sampling, which is a non-probabilistic sampling method, was used in this research study. The benefits of this method are that the individuals are readily available and are easy to recruit. It was easier to distribute the questionnaires to the sample by means of e-mails and clarify issues as they arose.

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Dweba, Thandeka. « A study of the implementation of Employment Equity at the Engcobo Local Municipality ». Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1008410.

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Rationale: It cannot be denied that there has been improvement in demographic representation in South Africa since the implementation of the Employment Equity Act 55 of 1998. Whilst there may still be room for improvement, especially on employer attitudes towards the implementation of employment equity, improved representation of the Previously Disadvantaged Groups has evidently appreciated, however, marginally. Research purpose: This study sought to explore stakeholder perceptions as to why Engcobo Local Municipality had not successfully implemented the Employment Equity Act. Research design, approach and method: This exploratory study was conducted at Engcobo Local Municipality on Councillors, Managers, Key Employees and representatives of Organised Labour. Main findings: a) Engcobo Local Municipality was found not to have complied with various aspects of the Employment Equity Act; b) Respondents mainly believed that failure to implement the Employment Equity Act by Engcobo Local Municipality was due to lack of capacity on the part of the municipality‟s stakeholders; c) Different countries followed different models in the implementation of their Employment Equity, depending on the peculiarity of their circumstances; and d) The most appropriate change management model on which the implementation of the South African Employment Equity is modelled is Hayes‟ Generic Change Management Model. Managerial implications: Future research may be that the municipality can benefit from the recommendations made by the respondents with regard to what they believe needs to be done to remedy the situation. Some of the suggestions include the intensification of communication, establishment consultative structures to facilitate communication and the capacitation of stakeholders to ensure that they understand their responsibilities regarding the implementation of the Employment Equity Act. Contribution: The contribution of the research is supporting the current knowledge base of stakeholders towards the implementation of the Employment Equity Act. Proactive implementation measures should be taken to ensure that people who should benefit from the implementation of the Act are not disadvantaged by the municipality‟s failure to implement the Act. The introduction of the alignment with human resource management practices that complement the implementation of Employment Equity, could overcome the barriers currently being experienced in the effective implementation of the Employment Equity Act.

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Mqingwana, Phelo Zolisa. « An assessment of the implementation of employment equity : Department of Transport in the province of the Eastern Cape ». Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/11335.

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During the apartheid era black people were systematically excluded from all positions of influence in the state and civil society. The majority of senior posts in government were held by whites, in particular, white males. Women and people with disabilities were similarly disadvantaged and marginalised, particularly those from black communities. With the new post-apartheid dispensation, the democratic government took a conscious decision to change that situation. It is against this background that that the Employment Equity Act (EEA) was introduced in 1998. The two main aims of the Act are: to achieve employment equity by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and to implement the affirmative action measures, to redress the disadvantages in employment experienced by designated groups in order to ensure their equitable representation in all occupational categories and levels in the workforce. The implement of EEA in the Eastern Cape Department of Transport (ECDOT) has so far not been very successful as the Department still has not managed to meet the set targets. According to their Employment Equity Plan (EEP), the senior management level (SMS) is still dominated by males. Although the situation is slightly better at the middle management level, it is still far from being ideal. The lower ranks are dominated by females. With regard to people with disabilities (PWDs) the Department is still far from meeting their 2% target. The purpose of this research was to determine if the ECDOT has been able to implement the dictates of the EEA. It aims to look at ways in which the EEA can best be implemented in order to ensure that the desired results are achieved. This study was prompted by the fact that the ECDOT has not managed to reach the EEA targets in hiring people with disabilities (PDWs) and elevating women to senior positions. The study explored the views of the employees of the Department regarding the implementation of EE. It was conducted using the quantitative approach. 90 employees were asked to respond to a structured questionnaire designed by the researcher. The findings of the study indicate that although in some areas the Department has been able to successfully implement EE, issues of racial equity, diversity, infrastructure conducive for people with disabilities, recruitment practices, and management commitment still need to be improved on. The study recommends, amongst others, that managers should provide leadership in the implementation process, more recruitment sources should be explored, suitable infrastructure must be provided, diversity issues must be addressed through workshops and training sessions, employee participation needs to be ensured, and that feedback must always be provided to EE beneficiaries in order to keep make sure they remain within the organisation and continue to improve.

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Nel, René. « An industrial psychological review of factors and barriers that are keeping women from reaching top positions in the modern workplace ». Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53267.

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Loots, Barbara Evelyn. « Geslag en Regstellende Aksie in die Werkplek ». Thesis, Link to the online version, 2005. http://hdl.handle.net/10019/1092.

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Kunene, Nana Charlotte. « Affirmative action policy and practice in the Department of Justice and Constitutional Development with particular respect to gender ». University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This research report set out to provide an evaluation of the progress made by the Department of Justice and Constitutional Development with respect to affirmative action and employment equity, and particularly with respect to the promotion of greater gender equity in employment, especially at the management levels.

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Butete, Netsayi. « The jazz divas an analysis of the musical careers of six New Brighton vocalists ». Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1002298.

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There has been insufficient academic research on the music of the Eastern Cape in general and Port Elizabeth and New Brighton in particular. This study, as part of the International Library of African Music (ILAM)lRed Location Museum Music History Project (ILAMIRLMHP) - an oral history intervention to save the music history of New Brighton from extinction through research and documentation of the memories of veteran musicians - is focused on jazz vocalists. The primary objective of my study is to investigate, critically analyze, interpret and document the career experiences of six New Brighton jazz vocalists in the context of performing in the Port Elizabeth music industry during the apartheid and the post-apartheid eras. The secondary objectives are to stimulate research interests in music students and ethnomusicologists to pursue research on the music of Port Elizabeth and the Eastern Cape and to inspire and motivate the vocalists to continue making music with renewed zeal. A qualitative research paradigm informed the field research necessary for this study. The fieldwork paved the way for an eclectic framework of analysis grounded in Pierre Bourdieu's notions of habitus, field and capital, examining the impact of the context on the vocalists' habitus which influenced how they viewed and interpreted their past and current experiences in the performance field. Data obtained through extensive interviewing of New Brighton's contemporary female vocalists and their male counterparts revealed that they have no opportunity to make commercial recordings. The musicians have to migrate to Johannesburg to have successful music careers, although personality politics, greed and lack of professionalism also work against the musicians' success. The data shows that New Brighton musicians, both male and female, do not have enough performance opportunities and there are fewer chances to tour now than there were from the 1960s through the 1980s. As in the apartheid era, female vocalists are still discriminated against in terms of pay, and men discriminate in how they pay other male musicians. Analysis of the vocalists' jazz compositions revealed that their song lyrics depict a bona fide urban African culture and reflect the emotional needs of the society in which they live.

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Masenya, Malesela Jim. « The effects of gender discrimination in water services provision on women empowerment in Gapila Village, Limpopo Province ». Thesis, University of Limpopo, 2015. http://hdl.handle.net/10386/1534.

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Thesis (M.Dev.) --University of Limpopo, 2015
The purpose of this study is to investigate the effects of gender discrimination in water services provision on women empowerment in GaPila Village, located in Limpopo Province. Gender discrimination remains a major challenge both in the labour market and within households. The allocation of resources within households is still much gendered due to unequal gender relations in most rural areas. Men are allocated most resources within households and have many benefits than women. Such also manifest to children. Despite, women being major beneficiaries of the delivery of water services, they are discriminated against as they are not involved with the processes that precede the provision of such services. The study used both quantitative and qualitative research approach to establish the effects of gender discrimination in the provision of water services on women empowerment. The findings of the study illustrated that culture and tradition are the key to the inadequacy of women’s access to and control over management of water services. Cultural practices within communities either ignore female participation in water services management. Their participation is obstructed by lack of time, level of education, low self-esteem and flexibility due to substantial workload and numerous household responsibilities. The study also showed that according to local cultural beliefs, the status of women whether high or low, does not determine the amount of work that must be done by her at home, because irrespective of her status or career placement, her primary assignment is to care for the family/home. The study further revealed that women in the GaPila Village are allowed access to economic opportunities and participation roles during community meetings. Also, women are allowed to occupy positions such as chairperson, secretary and treasurer; however, due to culture and tradition, low self-esteem and lack of support from men, women do not take advantage of such opportunities to occupy these positions of authority in water services. Therefore, the study concluded that, as woman’s contributions regarding water services provision remains inconsequential because they are excluded from decision making processes that affect their level of living and prospects of empowerment. From a water services provision perspective, this study affirms the theoretical principle that discrimination against women disempowers them. Women are the beneficiaries of water services because most of their duties require water. As such, it is important for women to actively participate and to be involved in the management committee relating to water services and provision.

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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 the workplace. There are often perceptions of alleged unfairness committed by employers in the workplace. These perceptions emanate from a number of allegations. The allegations include but are not limited to past practices, policy considerations, acting in higher positions, prior promises, being better qualified, receiving higher marks in the interviews, irregular conduct by the interviewing panel, unfair decisions by appointing authority or their failure to apply their minds, affirmative action or equity considerations. The study seeks to explore some of these allegations and further provide certainty as to what the legal recourse is under those circumstances. The research further seeks to provide the legal certainty pertaining to issues of promotion in the workplace. The study commences on a general approach to the principles of law relating to unfair labour practice in the public sector. Further developments of the law relating to promotion as it applies to the education sector are explored. The study culminates with possible remedies available to instances where an unfair conduct has been found to be committed by the employer during the promotion process. There is sufficient case law which covers the promotion processes. The study also exposes forms of relief which can be awarded to applicants who had lodged disputes in which it is found that indeed the employer had committed unfair labour practice relating to promotion. The study further aims to explore both procedural and substantive fairness with regard to appointment and promotion processes. Issues which are dealt with concerning fairness in promotion disputes include polygraph tests, whether there are hard and fast rules to the process, whether employees have the general right to promotion, what the requirements for fair appointment or promotion are, the law on substantive fairness, affirmative action and promotion, the consequences of failure to appoint the most suitable candidate, dealing with candidates who obtained higher scores in the interviews, promoting a candidate who had not met minimum requirements and promoting candidates based on flawed scores. The research also deals with frivolous referrals of disputes and costs which can be awarded against such applicants. Further issues which are dealt with in this research include the concept of “joinder” which is critical where there is an incumbent in the post which is disputed and the relief sought is that such post must be set aside. Further clarity is given on who is supposed to be joined in a dispute which is referred in the education sector. The CCMA rules on joinder are also clarified. The consequences of failure to join the incumbent are also dealt with. The research is also clarifying the concept of prematurity or ripeness in promotion disputes and its consequent lack of jurisdiction if such is referred.

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Bradfield, Claire Caroline. « An analysis of group adverse impact in selection strategies of a communications company ». Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/361.

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An overview of the literature indicates that there is a real and pressing need to explore the concept of adverse impact in more detail. The Employment Equity Act of 1998 prioritises the issue of group representivity in staff selection and although there are merits in enforcing an Affirmative Action policy, an objective assessment of the inherent requirements of job applicants is still a constitutional and procedural outcome. There is no simple mechanism that can be used to determine the manifestation of adverse impact. However, evidence thereof can be most useful in securing fairness in selection and employment decisions. There is a distinct need to examine the matter of adverse impact and its implications in the South African context. South Africa is confronted with a labour force that is growing dramatically and changing significantly. The demographic trends in our dynamically changing labour markets are likely to amplify skill and ability differences between the resulting contradictory goals of equal opportunity based on individual merit and equal employment results for subgroups of populations. Three selection strategies of a communications company were used as a basis for the assessment of adverse impact. The total population of the Call Centre selection strategy was 150. Seven instruments and measures were utilised in the study, namely, a job analysis, pre-screening exercise, psychometric ability tests, role-play simulation, structured interview, job compatibility questionnaire and a performance evaluation. The total population of the Operator Services selection strategy was 139. Five psychometric instruments were utilised in the study. The total population of the Female Leadership Development Programme selection strategy was 471. Three psychometric instruments were utilised in the study. The Adverse Impact Model was applied to each of the aforementioned strategies. In terms of the definition, adverse impact exists if the selection ratio associated with a particular passing score on a test for one sub-group of job applicants is less than 4/5th’s or 80% of the selection ration for the largest sub-group of applicants. 13 The results of the study indicate that adverse impact occurred in the following instances. In the Call Centre selection strategy, there was evidence of adverse impact in the racial analysis in the ability testing stage. There was also evidence of adverse impact in the gender analysis during this stage. There was no evidence of adverse impact in either the racial or gender analyses during the interview stage. There was no evidence of adverse impact in the racial analysis during the appointment stage. There was however evidence of adverse impact in the gender analysis during the appointment stage. The Female Leadership Development Programme selection strategy revealed evidence of adverse impact in the racial analysis during the appointment stage. The Operator Services selection strategy revealed an adverse impact in both the racial and gender analyses during the testing stage. The issue of adverse impact is obviously controversial. However, data obtained from this process will provide for informative analysis.

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Ledwaba, Lesetsa Joel. « Dismissal due to pregnancy ». Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/433.

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Previously, our workplaces were characterised by serious hardships emanating from labour laws which did not always cater for all areas of the employment relationship. South African female employees were without a clear legitimate remedial right precluding any severe violation and infringement to their fundamental rights resulting from their pregnancy; a task they did not opt for in the first place, but was instead, naturally imposed on them as a result of their gender category. Undoubtedly, many female employees were victims of unfair discrimination. The legislature therefore saw it fit to democratise the workplace by making rapid statutory interventions. As a result, a number of significant changes in various spheres of our labour laws were brought in. Amongst the greatly notable valuable changes was the introduction of the Employment Equity Act 55 of 1998. This piece of legislation has generally reformed our industrial society by bringing in the elimination of unfair discrimination and thereby enhancing the principle of equity in the workplace. The act has further touched a place within hearts of female employees for fear of discrimination as a result of their pregnancy status or any reasons related to their pregnancy. The act further codified Industrial Court decisions that were already established under the discrimination law jurisprudence from the Labour Relations Act 28 of 1956. The application of the provisions of the Act has made the employment relationship no longer to be a comfort zone for employers. These general changes to the law also impact on the dismissal law regime. The purpose of this treatise is to give an overview of the applicable legislation and contributions made by the Labour Courts in developing pregnancy dismissal and discrimination law. The Labour Courts have handed down few judgements that have helped in clarifying the provisions of both the current Labour Relations Act and the Employment Equity Act around the topic. One should hasten to say that this has never been a smooth process by the courts. It is further shown in this treatise that some of the court decisions were not well accepted in the light of other important considerations, such as the equality provisions of the Constitution. For the purpose of effectively dealing with this topic, this treatise contains a discussion of the historical context of discrimination law in the form of common-law position, and the discrimination law before the Bill of Rights and the Constitution. It then endeavours to identify the legislative provision of the Act when it comes to discrimination law provisions. At the same time the important court decisions that were made are identified and examined.

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Masembate, Vivienne Mtombizodwa. « Is the composition of staff within Tygerberg Administration in terms of employment equity, representative of the demographics of the Western Cape from 05/01/2000 - 31/12/2001 ? » Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The shift from an ethnocentric, monocultural society to a more inclusive and democratic society should be accompanied by a national policy providing equal access to resources in a proactive, affirmative manner. This can be achieved in one of the two ways, either through equal employment opportunity or Affirmative Action. Affirmative Action is a specific intervention directed toward ensuring that employment opportunities are created by actively correcting imbalances caused by past discrimination and achieving employment targets. Equal employment opportunity implies an absence of discrimination, whereas Affirmative Action denotes compensatory discrimination in favour of disadvantaged groups.

Affirmative Action is a supplement to, rather than equivalent to equal employment opportunities in that equality cannot be a genuine option where the effects of previous discriminatory practices have not been redressed. In an equal opportunities system, not all persons have the same chance of achieving the desired goal, but all are provided with equal means to achieve it. The unequal outcome of such a system is caused by the unequal skills for talents of the past discrimination, especially in terms of education and experience. All the Directors of Tygerberg Administration who responded to the questionnaires supported this and all of them agreed that training is necessary for all employees, especially the previously discriminated groups. The primary objective of Affirmative Action can therefore said to be the adequate advancement of disadvantaged groups for the purpose of securing equal rights, freedom and opportunities.

Equal employment opportunity is seen as a passive agreement on the part of the employer not to discriminate against any particular group. Employers adhering to the principle of equal employment opportunity evaluates candidates for employment according to performance criteria which relates directly to the requirements of a particular position. Affirmative Action seeks to go beyond equal employment opportunity in that it recognises that, when members of disadvantaged groups constitute only a small percentage of the labour pool, passively providing equality of opportunity will not suffice in overcoming the effects of previous discriminatory employment practices. Affirmative Action employers are therefore given the mandate to identify and remove the barriers to the employment of those under-represented in the workplace. Merely removing the present obstacles to equality does not necessarily ensure equality between groups since the effects of previous discrimination need to be actively redressed.
It can be noted that equal employment and Affirmative Action programmes should not be equated with each other as they imply different approaches to overcoming the effects of previous discrimination. Affirmative Action is said to be a supplement to, rather than the equivalent of equal employment opportunity, in that it is required to eliminate the barriers to real equality in the workplace. In this regard, it is essential to point out that Affirmative Action programmes are a means to an end, namely equal employment opportunity, and should not continue after this end has been achieved. Due to the similarity between the two terms, Affirmative Action and equal employment opportunity are often equated with one another when, in essence, they have different meanings.

From the information gathered for this research it was clear that not many Blacks were employed in management and supervisory positions of the City of Tygerberg. The research revealed that despite adopting the Agreement on Affirmative Action and equal employment practice of the National Labour Relations Forum for Local Government as its policy framework, the Tygerberg Administration had not succeeded in meeting most of its obligations in terms of the above mentioned policy framework. This is largely ascribed to problems experienced with the implementation of equal employment and Affirmative Action programmes within the local authority. The methods of communicating these programmes to especially its lower category of disadvantaged employees to participate in training opportunities to improve their working skills, were not capitalised on. There was an unequal distribution of skills due to the effects of past discrimination, especially in terms of education. Active steps therefore need to be taken to ensure that the intentions of the local authority with repect to equal employment and Affirmative Action are implemented efficiently and effectively.

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Podges, Joan Winnifred. « The current state of Black female empowerment in the construction industry measured against broad-based Black economic empowerment scorecard ». Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1161.

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The Government of South Africa has placed a lot of emphasis on economic growth and the involvement of Black people in the mainstream of the economy. The implementation of Broad-Based Black Economic Empowerment (B-BBEE) created opportunities for direct empowerment of Black females in ownership and management. The Construction Industry is being challenged to increase the number of Black females in management and ownership levels. Due to the nature of the Industry, only a small population of females considers Construction as a career option. The Industry has also lost a significant number of skilled Engineers and is experiencing a shortage of skilled managers in Middle and Senior Management Levels. The research problem questioned the current state of empowerment for Black women in the Construction Industry as measured against the B-BBEE Scorecard. The literature review focused on the requirements of the B-BBEE scorecard and Construction Charter. The second phase focused on gender equality and the achievements of women in Construction. The research design was done by using questionnaires to the South African Federation of Civil Engineering Contractors (Safcec) members in the Eastern Cape. The research design and survey aimed to determine the status of empowerment in the Construction Industry. With reference to both the literature review and the empirical findings the state of female empowerment can be determined. Therefore iv recommendations and opportunities for further research in this regard can be identified.

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Bikitsha, Sakhiwo. « Gender equality in the employment of senior secondary schools managers in the district of Butterworth ». Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020005.

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In terms of Section 9 of the Constitution of the Republic of South Africa of 1996, Chapter Two, the Bill of Rights, there should be gender equality amongst other things. In terms of Section15 (i) of the Employment Equity Act (Act 55 of 1998), there should be equal representation of suitably qualified people from the designated groups (blacks, women and people with disabilities) in all occupational categories and levels in the workforce. Section 15 (ii)provides that an employer who employs more than 50 employees must conduct a gender audit and make a gender equity plan and implement it when new employees are employed. In the Department of Education in the District of Butterworth, there is no gender equality in the number of senior secondary school managers. Men constituted 65 percent and women constituted 35 percent. The study investigated reasons for unequal representation of men and women as senior secondary school managers. The study was qualitative in design. The participants in the study were the Assistant Director of the Human Resource Section of the Department of Education and school governing body members, who were parents and educators. Interviews were used to collect data from the participants The study found that, amongst other things, gender equity was not considered when senior secondary schools managers were employed. That was why there was unequal representation of men and women in senior secondary schools’ management positions. This implied that those involved in the employment of secondary school managers in the district of Butterworth did not consider the Employment Equity Act (Act 55 of 1998) as a guide when employing senior secondary school managers in order to be able to achieve gender equality in this position. That was why there was unequal representation of men and women in senior secondary schools’ management positions.

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Papu, Mzimkulu Gladman. « The obligation on employers to effect affirmative action measures ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19738.

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Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.

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Du, Plessis C. R. « Transformation of the media with specific reference to senior staffing at the Independent Newspapers Cape (The Cape Argus and The Cape Times) and Media24 (Die Burger) ». Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/52039.

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Thesis (MPhil)--University of Stellenbosch, 2000.
ENGLISH ABSTRACT: Before 1994, the year in which South Africa conducted its first democratic elections, newspapers did little to reflect the demographics of its country and more specifically its regions. This assignment delves into the progress made regarding transformation with specific reference to senior staffing at the Cape Argus, Cape Times and Die Burger since 1994. A comparison is drawn between what went before and after 1994 in the staffing structures of the newspapers mentioned. In terms of content the assignment lists and studies a number of issues regarding transformation as per the topic. Histories of the above-mentioned newspapers are recorded. The South African Human Rights Commission's views on transformation in the media are mentioned as well. The views of these newspapers and those of Government are also shared. Changes have been made, although this has been at a pedestrian pace for a number of reasons. These changes need to be tracked through for more empirical work than has been possible in this assignment. These newspapers have set themselves targets and they are optimistic that in the near future many more changes would be made. The prospect for future research of this topic is far from being saturated. The three media houses discussed are committed to transformation.
AFRIKAANSE OPSOMMING: Voor 1994, die jaar waarin Suid-Afrika se eerste demokratiese verkiesing gehou is, het koerante baie min gedoen om die demografie van die land en omliggende streke te weerspieël. Hierdie werkstuk ondersoek die vordering in transformasie wat ná 1994 gemaak is, met spesifieke verwysing na senior personeelaanstellings by die Cape Argus, Cape Times en Die Burger. 'n Vergelyking tussen personeelstrukture van hierdie koerante voor en ná 1994 word getref. 'n Aantal aspekte ten opsigte van transformasie word bestudeer en die geskiedenis van bogenoemde koerante word opgeteken. Die Suid-Afrikaanse Menseregtekommissie se siening oor transformasie in die media word bespreek, asook die siening van hierdie koerante en dié van die regering. Veranderings, hoewel teen 'n stadige tempo, is vir 'n aantal redes aangebring. Hierdie koerante het vir hulself doelwitte gestel, en hulle is optimisties dat heelwat meer veranderinge in die nabye toekoms aangebring sal word. Transformasie blyk 'n prioriteit by elk van die genoemde koerante te wees. Die studie het nie die onderwerp uitgeput nie en verdere navorsing kan gedoen word.

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Mgcodo, Yolanda Thandile. « Affirmative action in terms of the Empolyment Equity Act ». Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/356.

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The term affirmative action originated in the United States some 30 years ago to describe a process of liberating minority groups. The objective of affirmative action within an organisational context, is to democratise the workplace by enabling members of previously disadvantaged groups to progress higher up the ranks of the corporate world. The affirmative action drive only took off in South Africa when it became part of the democratisation process and the focus was directed towards liberating the historically disadvantaged black majority. Prior to 1994, the reasons for implementing affirmative action programmes were largely political because of the race-based discrimination. Historically disadvantaged people were a minority in senior positions, the reason being that although the blacks were given a chance to compete with their white counterparts, due to their poor education standards and lack of experience only a few was appointed. The Employment Equity Act 55 of 1998 aims to correct the demographic imbalances in the nation’s workforce by compelling employers to remove barriers to advancement of blacks, coloureds, Indians, women and disabled, and actively to advance them in all categories of employment by affirmative action. The Employment Equity Act consists of two main sections. The first replaces and refines the prohibition on unfair discrimination in item 2(1)(a) of Schedule 7 of the Labour Relations Act. The second aspect deals with imposing a duty to the employers to adopt affirmative action programmes. The Employment Equity Act places a positive obligation on all employers “to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice”. Where unfair discrimination is alleged, the onus of proving that discrimination is fair, or practice is not discriminatory at all, rests upon the employer. Disputes about unfair discrimination must be referred to the CCMA, and if not settled by conciliation, to the Labour Court, which has the power to order compensation or the payment iv of damages, or to direct the employer to take steps to prevent the same unfair discrimination or similar practice occurring in the future in respect of other employees. The second section of the Employment Equity Act deals with the imposition of the duty to designated employers to adopt affirmative action programmes. All employers with more than 50 employees, or which have annual turnovers equal to or above the annual turnovers for small businesses of their class, municipalities, organs of state, and those designated as such by collective agreement, must implement affirmative action measures for people from designated groups. This entails consulting with employers, conducting an analysis of employment policies, practices, procedures and the working environment to identify barriers, drawing up employment equity plans and reporting thereafter to the Director-General of the Department of Labour on progress made in implementing the plan. Any employee may bring alleged contraventions of the Act to the attention of the employer, another employee, or any trade union, workplace forum, labour inspector or the Director- General of the Employment Equity Commission. Labour inspectors appointed under the Basic Conditions of Employment Act may enter and inspect employer’s properties and documents, and are responsible for ensuring that the employer has consulted with employees as required, conducted the pre-equity plan analysis prepared its plan and is implementing it, submitted and published its reports, set up the necessary managerial infrastructure, and informed its employees of progress. Should employers be found not to have complied with these requirements, labour inspectors must request a written undertaking that they will do so. If an employer fails to give such an undertaking, the labour inspector can issue a compliance order setting out inter alia what steps the employer must take and when, and the maximum fine, if any, that can be imposed if the employer fails to comply. If the employer does not pay attention to the compliance order within the prescribed period, the Director-General may apply to have it made an order of the Labour Court. The Director-General may also conduct independent ad hoc reviews of selected designated employers. Failure by an employer to comply with the provision of the Act lead to the employer being liable for the contravention of the Act.

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Makgoba, Thupane Johannes. « Affirmative action versus discrimination in local government : Gauteng Province ». Thesis, 2013. http://hdl.handle.net/10500/10020.

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South Africa comes from an apartheid local government system that was structured to divide the citizens socially, economically, spatially and racially to ensure that only a small minority of South Africans benefited from the development and the resources of this country. Since 1994 government departments have undergone a number of transformation processes. The Employment Equity Act 55 of 1998 and affirmative action became instrumental in ensuring racial and gender representation within the local government structures. This study investigates the perceptions of racism, nepotism, fraud and other related problems which were perceived as a hindrance towards the effective implementation of affirmative action. The main findings of the study confirm that the implementation of affirmative action in municipalities is not effective due to lack of commitment from top management. It is anticipated that the implementation of Local Government Systems Amendment Act 7 of 2011, will enforce service delivery within municipalities.
Public Administration & Management
M. Tech. (Public Management)

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Loudon, Tainith Doreen. « Work-life balance in the career life stages of female engineers : a hermeneutic phenomenological perspective ». Diss., 2017. http://hdl.handle.net/10500/24339.

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Text in English
The purpose of this study was to explore the work-life balance experiences of female engineers as they progress through various career life stages. Research has demon-strated that female engineers experience unique challenges as a result of gendered norms within male-dominated occupations, with changing life-roles, needs and ex-pectations across the various career life stages, impacting how they negotiate and perceive work-life balance. A qualitative research approach was followed using a her-meneutic phenomenology paradigm that employed a multiple case study approach consisting of semi-structured interviews with nine female engineers across three career life stages. The findings of the study confirmed current research into work-life balance, highlighting that work-life balance needs and expectations are different across the lifespan and are particularly affected by the changing nature of the work role within the lives of female engineers. Companies should consider changing their organisational culture to acknowledge the needs of female engineers in both family and work domains.
Industrial and Organisational Psychology
M.Comm. (Industrial and Organisational Psychology)

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Netangaheni, Mphiriseni Irene. « A comparative analysis of employment discrimination in South Africa and Canada ». Thesis, 2012. http://hdl.handle.net/10386/708.

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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012
The purpose of the study is to address the effects of employment discrimination in the workplace focussing on designated groups, by comparing South Africa and Canada. Canada is one of the few countries that have addressed the employment barriers of target groups with one encompassing piece of legislation. In this study reference was made at the constitutional provisions towards unfair discrimination, labour law materials, employment and statutory provision so that the future researcher could see where employment discrimination in South African and Canada originate and what is the position. In order to address employment discrimination in the workplace case laws, courts judgments and other jurisprudence were used. The scope focused in this study is broad as a researcher did not look at other forms of employment discrimination. Employment discrimination in South Africa and Canada exists, this implies that the employment discrimination between two countries could be comparable. Policies and practices in order to identify employment barriers facing the disadvantaged groups were discussed. Therefore critical look focused on the employment systems, policies and practices at workplaces and also identify employment barriers facing designated groups in relation to recruitment, job classification, remuneration, employment benefits, conditions of services and promotion. South Africa and Canada emanated from a historical background of inequalities. Such inequalities lead to discrimination. South Africa and Canada’s discrimination affected blacks, Aboriginal people, women and people with disabilities. The grounds of discrimination were discussed in full for both countries.

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Kola, Malose Isaac. « Managing employment equity in South Africa ». Thesis, 2012. http://hdl.handle.net/10500/8839.

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South African universities have embarked upon a wide range of initiatives to foster and acclimatise to new social development needs of the society. A significant area of change involved implementation of employment equity. This study investigated the manner in which universities manage employment equity.The composition of staff in higher education institutions fails to reflect the demographic realities of South Africa.As a result, black people and women are still severely under-represented, especially in senior academic management positions. Universities are slowly, but steadily redirecting their student bodies and staff to reflect the demographics of South African society applying fragmented effort and piecemeal approach. The “as is” statistical reports obtained from the Department of Labour were used to substantiate the progress being made in the selected universities. Quantitative research methods were employed to collect data. University of Pretoria, University of Witwatersrand, and Free State University were selected as the population and the academic managers (Heads of Departments, Directors of Schools, and Deans of Faculties) as the sample of the study. The study finds that white males still dominate in the universities and white females are adequately represented, particularly in the professional and academic categories. The academic managers responded less positively on retention strategies for academic staff, especially for the designated groups and the functionality of employment equity awareness campaigns. The study also outlined the success of employment equity factors that the academic managers indicated, such as their loyalties to the institutions, prospects of career development, and collegial relations. The study recommended proficient leadership to drive the employment equity process, development of employment equity strategy with reasonable goals, diversity management, retention strategy, and vigorous employment equity awareness.
Educational Leadership and Management
D. Ed. (Education Management)

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Moyo, Zvisinei. « School leadership and teachers with HIV/AIDS : stigma and discrimination in Gauteng Province schools ». Thesis, 2015. http://hdl.handle.net/10500/20082.

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Since the discovery of HIV/AIDS in the late 1980s, the pandemic has become the leading cause of death in South Africa and one of the leading causes worldwide. South Africa has the largest number of people infected with HIV/AIDS in the world. South African teachers, in particular, have experienced unparalleled challenges as a result of HIV/AIDS. This qualitative research study was designed to explore how principals handle the sensitive HIV/AIDS-related issues affecting teachers in schools in South Africa’s Gauteng Province. The study was carried out within the constructivist paradigm. The narrative inquiry research design within the qualitative research approach was used with purposive and network sampling of participants. The sample consisted of ten handpicked principals and eight teachers living with HIV/AIDS accessed through network sampling from around the province. Data were collected through narrative interviews and the compilation of a reflective diary. The data were analysed according to the qualitative content analysis method. Consent was elicited from participants with confidentiality, anonymity and trust maintained throughout the study. The participants’ most common responses were that teachers living with HIV/AIDS are faced with the dilemma of disclosure and stigma and discrimination. This research showed that principals are experiencing a range of challenges due to teachers living with HIV/AIDS. The goals of quality education are often defeated because of the challenges surrounding teachers living with HIV/AIDS. Once teachers succumb to the opportunistic illnesses associated with HIV/AIDS, their productivity deteriorates. Principals were clear about the inadequacy that they experience in responding to HIV/AIDS-related issues amongst teachers. They lack the training and management skills to develop long-term strategies to mitigate the impact of HIV/AIDS on teaching and learning. Teacher absenteeism is rife, causing drastically detrimental effects to teaching and learning programmes and posing serious challenges to principals, who are not equipped with the required information and resources. It was evident in this research study that infected teachers often fail to take responsibility or disclose their status; instead, they look to principals for solutions to their HIV/AIDS-related problems.
Educational Leadership and Management
D. Ed. (Education Management)

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« Barriers facing female entrepreneurs : a study in the Gauteng Province, South Africa ». Thesis, 2012. http://hdl.handle.net/10210/5591.

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M.B.A.
Everywhere in the world, an increasing number of female entrepreneurs are becoming the pillars of economic growth and development. This exploratory research sought to investigate the barriers facing female entrepreneurs and to establish whether these barriers are exacerbated for women because of their gender. It focuses on the experiences and perceptions of female entrepreneurs in the urban formal sector of the Gauteng area of South Africa. Data for the study was gathered by a survey through questionnaires administered to 93 female entrepreneurs, the majority of whom were registered with either the South African Business Women's Association or The South African Women's Network. The literature review identified differences in female and male entrepreneurship related to personal demographics, business demographics and support structures. These differences could be explained by the barriers that female entrepreneurs face in their endeavours. The barriers are discussed under five main categories: social and cultural barriers, infrastructural barriers, educational and occupational barriers, role barriers, and behavioural barriers. Upon investigating these barriers amongst female entrepreneurs, results revealed that female entrepreneurs have to contend with socio-cultural, political, structural, economics, legal and personal barriers compared to men when they contemplate entrepreneurship. Although some barriers may be the same as those experienced by male entrepreneurs, the female entrepreneurs in this study perceived that they did indeed experience barriers that were specific to female entrepreneurs and that some barriers were exacerbated for them because of their gender. Thus, even if the Constitution of South Africa states that women and men have equal rights and the same entitlements for engaging in a career in society, reality proves that the experiences of female entrepreneurs in Gauteng are contrary to this - the current situation indicates that female entrepreneurship in Gauteng serves as a 'glass ceiling' for female entrepreneurial ambitions. Understanding the barriers facing female entrepreneurs can be beneficial to: females currently engaged in entrepreneurship, aspiring and emerging female entrepreneurs, and policy makers. This understanding can lead to more supportive policies and programmes for female entrepreneurs. Society, government, policy makers and women themselves thus need to work together to bring about changes required towards female entrepreneurs.

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