Originally presented as the author's Thesis (doctoral)--Universität Mainz, 2008. / Includes bibliographical references (p. [486]-503) and index.

M.Phil. / Whistleblowers have become known as being disloyal employees and troublemakers. This perception has caused whistle blowing to be despised rather than encouraged. Whistle blowing is effectively raising a concern about an impropriety that assists in ensuring individual responsibility and organisational accountability. Making disclosures causes employees to be victimised by their employers as well as fellow employees. Employees generally did not feel protected enough to come forward with information on corruption, even though the witness protection system had been reformed and was working well. A well functioning hotline system is of importance and should be linked to the implementation of a protection regime for whistle blowers. Employees making anonymous disclosures are difficult to investigate, in that problems in corroborating the information as well as in not being able to remedy the underlying cause of the disclosure exist. Hotlines through which the public and employees anonymously report suspected corruption does not satisfactory deal with the issues when the purpose of whistle blowing is to promote a culture of transparency and accountability. The aim is to provide provisions for employees to disclose information about suspected criminals or other irregular conduct without fear or reprisals. The Protected Disclosures Act is an important step in providing protection for those who expose corruption in the workplace. Employers and employees should be treated on an equal basis with regards to whistle blowing. It is in the best interest of both employees and employers to have internal channels that encourage protected disclosures, providing protection to both employers and employees. Different measures exist to protect whistleblowers. One such measure is by means of legislation. Secondly, courts have also developed principles in this regard. However, in certain instances, the labour law will not provide protection were a professional individual acts in breach of the confidentiality obligation vested upon him within the client professional relationship. Legislation relating to general protection such as the right to freedom of association and access to information, also provide protection. The codes of conduct and ethical rules of professional bodies can also be adapted to provide protection to professionals, including employment contracts that provide for protection in certain instances. Despite all of the above, instances will always arise where tensions exist and problems arise, such as the continuous tension between the monopoly of the state in respect of certain information and the question on which information should be protected under legislation. It is therefore clear that many instances arise where protection is not afforded to whistleblowers. To apply the protection afforded by the Protected Disclosure Act horizontally between private bodies, private bodies should be protected from detriment. A tax consultant aware that a client is defrauding the South African Revenue Service will fear that if it challenges the client or threatens to report the fraud, the client will cancel the contract. It is recommended that a more inclusive approach to employment is to be followed as "atypical" employment is on the increase in South Africa as in many other countries. Homework, where a person undertakes to work on contract from home as well as workers supplied by temporary employment services, enable the organisations to vary the number of workers deployed so as to ensure flexibility. Independent contractors are often in a good position to uncover and disclose irregular conduct in the private or public sector. In addition, it is also advised that applicants for employment in the definition of an employee in the Protected Disclosures Act be included. In order to protect whistle blowers further, the definition of occupational detriment in the above act should also be extended to include reprisal by employers such as the use or treat to use defamation suites and suites based on the alleged breach of confidentiality, a loss of a contract or the inexplicable failure to be given a contract in the instance of contract workers. In addition, the list of forms of occupational detriment to be suffered should be left open ended to allow recognition of further types of victimisation. The effectiveness of measures put in place within organisations to encourage employees to speak out against impropriety and misconduct will be difficult to determine as only when there has been non-adherence to the Protected Disclosures Act and the whistle blower has been detrimentally affected, will it come into force to protect bona fide whistleblowers.

No description available.

M.Comm. / The purpose of this study is to compare and contrast, through a literature review, the compliance of the Republic of Korea (ROK) and the Republic of South Africa to the minimum labour standards of the International Labour Standards (ILO). The minimum standards are established as the core labour standards, embodied in the eight fundamental conventions. The ROK and South Africa’s labour laws and labour practices are benchmarked against the ILO’s International Labour Standards (ILS) in order to compare these practices and to establish if these labour standards comply with the minimum standards set by the ILO. The propositions stated are: that the ROK and South African labour standards differ, that South African labour standards comply with the minimum labour standards of the ILO; and that ROK labour standards do not comply with the minimum standards of the ILO. The propositions were verified. The ILO standards are described in order to identify the minimum rules set by the core labour standards as embodied in the eight fundamental conventions. The two countries’ labour relations histories, labour laws, labour relations institutions and rule making strategies are described as part of the labour practices in these countries. The labour practices in each country are analysed and benchmarked against the ILO ILS in order to identify an inconsistency between law and practice. In South Africa, the Constitution includes all international laws when interpreting South African law. The only exceptions are when the Constitution or when an act of Parliament specifically excludes the contents of such a law. The conclusion is that South Africa complies with ILO ILS. In the ROK, the labour practices such as the right to the freedom of association and collective bargaining of non-permanent workers, as well as the exclusion of certain categories of workers are areas of concern.

Thesis (LL.M.)--University of Hong Kong, 1995. / Includes bibliographical references (leaves 142-143) Also available in print.

Submitted in partial fulfilment of the requirements for the degree Master of Management in Public Policy (MMPP) in the Governance School, Faculty of Law, Commerce and Management, University of the Witwatersrand / It is human nature to pursue happiness. This pursuit of happiness is in many cases obtained through hard work. People work in order to provide for their families and they obtain satisfaction if their families are happy with their provision. It is thus never an employees’ motive or desire to be dismissed from work or have bad relations with his/her employer. It is important to minimize conflicts between employers and employees in any country because it helps reduce the socio-economic problems that these conflicts may foster in societies. Governments use labour laws and policies to manage labour disputes. However, if these policies do not seem to be achieving what they are supposed to then that may suggest policy failure. This study looked particularly at the effectiveness of institutions dealing with labour dispute resolution in Lesotho. The purpose of the study was to establish reasons for why, despite all the legal frameworks relating to labour relations in Lesotho, there seems to be an escalation of disputes. It was found that lack of public participation, especially of employees and employers, in the formulation and implementation of policies, laws and regulations relating to labour relations leads to the escalation of disputes. This simply means that involving stakeholders in issues that affect them from the onset can reduce the level of disputes because the majority would have understood what labour relations entails. A qualitative study was used and data was collected through one-on-one semi-structured interviews with 31 participants, focusing on people who are mostly affected by labour relations in Maseru, the capital of Lesotho. The participants were chosen purposively to suit the study being undertaken. However, data collection was a limitation to this study because it was difficult for the researcher to secure appointments with participants. The study made the following recommendations: it is through the effectiveness of institutions that labour disputes can be reduced, especially Ministry of Labour and Employment (Department of Labour), Directorate of Dispute Prevention and Resolution (DDPR), labour court, and labour appeals. However, the social partners, especially trade unions and employers’ organizations, also play a critical role in ensuring wellfunctioning labour relations are in place. / MT2016

Thesis (D. Phil.(Sos.)--University of Pretoria, 1999. / Includes bibliographical references.

Thesis (M.S.) -- Central Connecticut State University, 2009. / Thesis advisor: Xiaoping, Shen. "... in partial fulfillment of the requirements for the degree of Master of Science in International Studies." Includes bibliographical references (leaves 70-71). Abstract available via the World Wide Web.

Thesis (MTech (Human Resource Management))--Peninsula Technikon, 2003. / Word processed copy. Summary in English. Includes bibliographical references (leaves 117-122). Also available online.

No description available.