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<p>An analysis of the various forms of child labour since the industrial revolution illustrqtes that the primary focus was on working children and regulating their admission to employment and conditions of work, as demonstrated by the eventual adoption of the International Labour Organisation's Convention No. 138 concerning the Minimum age for Admission to Employment in 1973. Although the 20th century also ushered in the International censure for human rights violations in the form of supra-national binding conventions on slavery, forced labour and trafficking, these efforts had no specific focus on children and there was no internationally binding legal instrument that recognised the economic exploitation of children extended far beyond mere working conditions and employment issues to commercial sex exploitation, debt bondage and slavery. This thesis sought to evaluate the theoretical and practical soundness of Convention 182 generally in relation to South Africa more specifically.</p>

An analysis of the various forms of child labour since the industrial revolution illustrqtes that the primary focus was on working children and regulating their admission to employment and conditions of work, as demonstrated by the eventual adoption of the International Labour Organisation's Convention No. 138 concerning the Minimum age for Admission to Employment in 1973. Although the 20th century also ushered in the International censure for human rights violations in the form of supra-national binding conventions on slavery, forced labour and trafficking, these efforts had no specific focus on children and there was no internationally binding legal instrument that recognised the economic exploitation of children extended far beyond mere working conditions and employment issues to commercial sex exploitation, debt bondage and slavery. This thesis sought to evaluate the theoretical and practical soundness of Convention 182 generally in relation to South Africa more specifically. / Doctor Legum - LLD

<p>An analysis of the various forms of child labour since the industrial revolution illustrqtes that the primary focus was on working children and regulating their admission to employment and conditions of work, as demonstrated by the eventual adoption of the International Labour Organisation's Convention No. 138 concerning the Minimum age for Admission to Employment in 1973. Although the 20th century also ushered in the International censure for human rights violations in the form of supra-national binding conventions on slavery, forced labour and trafficking, these efforts had no specific focus on children and there was no internationally binding legal instrument that recognised the economic exploitation of children extended far beyond mere working conditions and employment issues to commercial sex exploitation, debt bondage and slavery. This thesis sought to evaluate the theoretical and practical soundness of Convention 182 generally in relation to South Africa more specifically.</p>

The South African labour law stands central in the economic sphere of the country. The relationship between an employer and an employee is therefore paramount. When an employee is dismissed, such person is subjected to the strictest possible sanction in the workplace environment and ultimately it also deprives a household of a major (sometimes exclusive) source of income. Unemployment holds economic and social consequences for both the person as well as the economy as a whole. The fairness of any possible dismissal is for this reason an important point of departure. The Constitution of the Republic of South Africa, Act 108 of 1996 emphasise the importance hereof, inter alia, by the enschrined right to fair labour practices, a right not only reflected in the Labour Relations Act of 1995, but also acknowledged in case law. The focus areas discussed in this dissertation are the importance of and the manner in which legal representation (being a fundamental principle underlying the right to fair labour practices and the notion of “fairness”) is applied in the current labour dispute resolution forums of South Africa. The dissertation engages in the debate regarding the question whether legal representation should always be allowed and should be recognized as an undisputed right and in all fora or not. Various interests are considered against the historical background and development of this issue in our law, legislation and the interpretation thereof by stakeholders. The specific focus of this study within the South African context includes the following: <ul> <li> The concept “legal practitioner” in the general legal profession.</li> <li> The right to legal representation at the Commission for Conciliation Mediation and Arbitration (hereinafter the “CCMA”).</li> <li> The historical development of the CCMA and the existence of specialist tribunals.</li> <li> The possible constitutional attack on the regulatory framework of legal representation before the CCMA.</li> <li> The benefits and the criticism attached to the current legal position regarding legal representation in the CCMA.</li></ul> This study recommends that our law should be revised regarding the issue of the regulation of legal representation before the CCMA and to unify and / or simplify the law in this regard in order to create legal clarity and certainty once and for all. This should be done without parting with the principles already referred to. The recommendation is that legal representation should be allowed in all labour fora and under all circumstances, obviously with the only limitation that it may be excluded in exceptional circumstances similar to the rules regulating for example criminal procedure. It is also suggested that constitutional intervention is necessary to adhere to the requirements of modern labour law. The right to be represented have always been part of our law in general. The process, procedure, rights and regulations setting the parameters of the game should therefore be clear, unambiguous, direct in application and uniform in labour law as well. This will ensure settlement of labour law disputes in accordance with constitutional principles as could be expected in an open and democratic society. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

Includes bibliographical references (leaves 53-54). / The paper undertakes to research a spatial and skills mismatch in the city of Cape Town. The argument is that industry is moving towards the north of the city and away from areas of the south east. This physically displaces low and semi-skilled employees or potential employees who work or seek work in these firms. Areas of the south east are typically inhabited by low and semi-skilled workers who are forced to seek work away from where they live. This is because their areas are economically inactive and do not offer much prospects for development or employment in the current situation. We find that prospective employees or those already employed have to endure lengthy and expensive commutes to work on a daily basis. The city transport system, which includes bus, train and taxis, seems to be still largely inefficient and does not serve these employees well, or is not readily accessible in all the areas it is needed. The research was conducted in the industrial areas of Montague Gardens, Blackheath, Paarden Island, Epping Industria, Airport Industria and Phillipi. These areas were chosen because being industrial areas they would typically have a large number of low to semiskilled workers employed in their firms. Unlike professional or service related firms who would typically employ more qualified or educated (in terms of tertiary qualifications) workers. An interview schedule was prepared and we went to these areas and interviewed which ever firms agreed to it. The firms in the area were chosen in no specific way, we literally went for door to door asking for participants. The research was qualitative in nature, the interview questions were detailed and in depth (see appendices for actual schedule) and lasted for about 20m ins depending on the amount of time the interviewees were willing to spare. The results were analysed by comparing the reasons for relocating amongst each firm, the aim was to try and decipher what were the driving factors of this spatial shift and what implications it had for employees who had to endure these commutes. The significant findings are that the relocation or the move towards the north is driven by the availability of land or space and price. The north seems to offer more affordable premises and much more land, thus more value for money. There are adequate parking and storage facilities. Firms hardly considered workers in their search for new locations. Further south east employees are not left out of potential employment because of their physical distance from these economic nodes, most employees have managed to organise themselves and get to work, even with an unbalanced transport system.

Includes abstract. / Includes bibliographical references (leaves 121-127). / The metal and engineering industry is one of the most significant contributors to South Africa’s manufacturing employment and economic performance. In recent times though debate regarding the industry has centered on reported critical skills shortages, alluding to decreased employment and performance. Studies confirmed that skills shortages at artisan, technical, engineering and management levels existed with artisans representing the most critical skills shortage in the industry. This study evaluates the nature and extent of skills development taking place in a sample of metal and engineering firms located in the industry’s most significant province, Gauteng. Research was conducted through interviews with skills development representatives from a non-randomly selected sample of firms belonging to three categories in the metals beneficiation value chain, namely: raw material processing firms; intermediate product producing firms and finished product producing firms.

Includes bibliographical references (p. 80-85). / This dissertation attempts to give a better understanding of how the different social environments in Cape Town and Johannesburg influence organisational culture at The Company and how this impacts on the ways that black African managers navigate borders and negotiate identity in the workplace. The hypothesis of this study is that race and 'laid-backness' are key differentiating factors between The Company in Cape Town and in Johannesburg. This is a descriptive case study that mixes both quantitative and qualitative methods of data collecting and analysing data, however it is primarily a qualitative study. The study focuses on two branches of the same company. 43 out of a total of 138 black African managers were surveyed and 22 of these were interviewed. The selection was a good cross-section of all middle and senior black African managers, as well as from both genders. A questionnaire comprising of a 21-point values survey and a series of open-ended unstructured and structured questions was used in the quantitative data collection process. A semi-structured interview schedule was used in the qualitative data collection process. The qualitative data was analysed using Miles and Huberman's (2004) two-level coding process with the assistance of Nvivo and the quantitative data was analysed using descriptive statistics with the assistance of Statistica.

Includes abstract. / Includes bibliographical references (leaves 79-81). / This exploratory study aimed to investigate the role that design houses play in the Cape Town clothing value chain of production. Semi-structured interviews were conducted with key informants, buyers in clothing retail companies, heads of design rooms in design houses, and homeworkers. Findings reveal that design houses act as intermediaries between retailers and clothing manufacturers or between retailers and homeworkers. In their latter role design houses are forging links between the informal and formal clothing economy. As in buyer-driven chains of production, retailers in the clothing value chain wield a substantial amount of power in determining prices. It was found that design houses are not completely powerless in their relationship with retailers, in fact, they posses knowledge that enables them to bargain over prices. The relationship between design houses and homeworkers was found to be an oppressive one, with homeworkers possessing little to no bargaining power. The increase in the number of design houses in Cape Town has assisted in the survival of the industry in the face of a number of difficulties. The continued presence of design houses creates the potential for development in the industry.