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The problem of this study was to determine what influence the labor codes of Virginia and West Virginia have bad on their respective economies. Data for the study was collected from several state and federal agencies, the bulk of this information coming from the commerce and labor departments of each state. This thesis contains information that could be a valuable guide to regulatory bodies in determining the need for possible changes in existing labor legislation in these states or the need for new legislation in the respective states. It was determined that the extent of influence that a state’s labor code has had on the economy of the state or the degree of influence that a state's economy has had on the development of it's labor code could not be determined based upon the statistical data that is now available. Data was selected from key industries in the two states with particular emphasis placed upon those statistics pertinent to the subject matter of collective bargaining and concerning such matters as weekly wages, hours worked per week. and average hourly earnings. / Master of Science

published_or_final_version / Comparative Asian Studies / Master / Master of Arts

Call number: LD2668 .T4 1933 H82

published_or_final_version / Business Administration / Master / Master of Business Administration

This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party.

LL.M.(Commercial Law) / Generally, as can be seen from the case law dealing with the enforcement of covenants in restraint of trade, it is the employee himself or herself that terminates the employment relationship, ie resigns, often with the hope of moving to greener pastures at a competitor of the former employer or to start a competing business. Once in a while, however, it is the employer who terminates the employment relationship, ie a dismissal occurs, and the employee then wishes, as a result, to move to greener pastures. It is these occasional events, and the enforcement of restraints of trade in such events, that are the subject of the current research. The research commences by considering the South African law surrounding covenants in restraint of trade and the relevant principles of labour law, including the impact of the Constitution of the Republic of South Africa, 1996. The legal position regarding the effect of unfair terminations of employment on the enforceability of a restraint of trade is then carefully considered. It is found that while employers are obliged to deal fairly with their employees, this entitlement is based in labour law and not in the law of contract. Accordingly, should an employee feel aggrieved by the manner in which he or she was treated, the employee should look to the remedies enunciated in the LRA related to fairness and is not free to seek contractual remedies, over and above those provided for in the LRA. If employees believe that the LRA does not sufficiently satisfy their grievance, they are obliged to challenge the LRA. In this sense, an employee who seeks to oppose the enforcement of a restraint of trade on the basis of an unfair dismissal must be mindful of the alternative remedies (aimed at protecting the rights of employees) available in terms of the LRA which carry substantial clout for the employee. By ignoring such remedies, one compounds two separate fields of law, namely the law of contract and labour law. It is therefore concluded and recommended that these different fields of law be kept separate and distinct, with each being subject to its own remedies.

by Ho Yum-ting. / Bibliography: leaf 41 / Thesis (M.B.A.)--Chinese University of Hong Kong, 1983

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