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Please read abstract in the dissertation Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

A research report submitted to the School of Social Sciences, Faculty of Humanities of the University of the Witwatersrand in partial fulfilment of the requirements for the degree of Master of Arts in History 04 May 2015 / This report analyzes the reasons behind the adoption of out growing schemes (sistemas canavieiros) by two Mozambican sugar companies, namely the Companhia do Buzi and the Açucareira de Moçambique as well as the impacts of the companies’ decision on the mills as well as on local communities. Analyzing the adoption of out growing schemes is relevant due to the fact that the Companhia do Buzi and the Açucareira de Moçambique were the only two out of ten Mozambican sugar companies to collaborate with out growers. All the out growers were Portuguese citizens or ‘civilized’ Africans. The report also analyses the reasons and the impacts of the collapse of those schemes in the early post-colonial period. The report argues that the mills adopted out growing schemes to face the long term shortage and increasing costs of African agricultural labour. This strategy solved their problems but left the out growers indebted and frustrated and local communities dispossessed. On the collapse of the out growing schemes, the report argues that it resulted from the increasing lack of economic feasibility of sugar cane growing, which was a result of economic crisis and the authorities’ hostility towards the out growers.

Thesis (LLM)--University of Limpopo, 2010 / The study evaluates the common law position regarding the principle of legitimate expectation at the workplace. Under the common law, the employer had the power to hire and to fire as he or she pleased. The employer could either fire for a good reason or for a bad one or for no reason at all, provided the dismissal was on notice. In other words the employer was not required to show good cause for terminating the contract or to inform them employee of such reasons as they may be or to follow any special procedures before termination. It was not possible for the employee to raise question of legitimate expectation by then. The study exposed the complexity of this principle in our current labour laws. The two schools of thoughts regarding the principle have been analysed herein and a proper recommendation was made.

Like many other African colonies, the Sudan experienced a period of sustained industrial unrest during the late 1940s. The Workers’ Affairs Association (WAA), the representative body for Sudanese railway workers, led a two year campaign of strikes during 1947 and 1948. The escalating labour unrest provoked considerable unease among British officials in the Sudan Government. Not only was there a fear that the strikes might escalate into broader anti-colonial protest but the sustained campaign of industrial unrest also caused significant disruption to the economy. During the strikes the export of cotton - the Sudan Government’s principal source of revenue - was delayed and the movement of other essential goods was severely restricted. The thesis argues that the economic dislocation caused by the strikes, which coincided with growing concerns about rising anti-colonial nationalism and imperial decline, meant that labour discipline among key sector workers was the primary objective for the late colonial state. Although the protests in the Sudan were part of the broader strike wave that was sweeping through the African continent in the late 1940s, it has largely been excluded from the historiography of this period – primarily because of the Sudan’s unique status as a ‘Condominium’ of Britain and Egypt. Through an analysis of the Sudan Government’s labour policy, the thesis challenges this notion of exceptionality, demonstrating that the British officials of the Sudan Political Service (SPS) were animated by similar concerns and motivations to their counterparts elsewhere in colonial Africa. With this in mind, the thesis aims to address two broad research objectives. Firstly, to examine the causes of the industrial unrest: investigating the relationship between the structure of the economy, social organisation, and post-war economic conditions. Secondly, to analyse the Sudan Government’s response to the labour protests, documenting how immediate economic concerns, combined with post-war ideas relating to industrial relations management and social welfare, shaped colonial labour policy.

No abstract available Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The main focus of this dissertation is to examine the operation of whistleblowing within an organisation. Whistleblowing constitutes an act by an employee to expose perceived unlawful activity by an employer or employee, within an organisation or company, to an authority in the position to redeem the situation. It is based on the presumption that any kind of business or organisation has to be governed by laws in order to protect society from fraudulent and corrupt practices. In South Africa, the Protected Disclosures Act of 2000 (PDA) sets out a clear and simple framework to promote responsible whistleblowing by reassuring workers that to remain quiet about perceived malpractice is not the only safe option and is aimed at safeguarding the employee who raises concerns. Thus, from a legal perspective, an employee making a disclosure under certain circumstances and prerequisites enjoys full protection of the law. Whistleblowing is thus not just about anonymously informing, but rather about raising a concern. However, whistleblowers, even if they act in good faith often risk recrimination, victimisation and sometimes dismissal. Therefore, in order to determine whether the PDA is applicable, certain criteria have to be met, pertaining to the definition of disclosures and of occupational detriment. A number of consequences may follow from the contravention of the PDA. The Act provides mechanisms for the employee to disclose sensitive information regarding alleged improper conduct by the employer. In order to enjoy the protection of the act the employee must have trusted the disclosed information to be true. However, not all disclosures constitute protected disclosures, and for the purposes of the PDA certain requirements have to be met. When it comes to automatically unfair dismissals, the most difficult issue remains that of causation. It is a courageous effort to blow the whistle on perceived corrupt or illegal practices by an employer of any kind, and such an action is often met with harsh retaliation. Therefore employees often remain reluctant to speak out about practices that might threaten the higher echelons of their organisational hierarchy. On a personal level, blowing the whistle may have severe consequences for the individual; dismissal being but one of them. Internationally there is growing recognition that the act of whistleblowing is healthy and necessary for organisations in order to control corruption and illegal practices. The international community has also implemented a variety of whistleblowing laws and procedures for protecting and encouraging those who speak out. / Dissertation (LLM)--University of Pretoria, 2011. / Mercantile Law / unrestricted

Magister Legum - LLM / In the history of labour relations, trade unions have played a major role in protecting the rights of employees and improving their working conditions. They have defended their members against exploitation by employers. They have promoted the establishment of labour legislation, which in some countries is quite comprehensive. They represent the interests of employees in the collective bargaining process. Albertyn describes trade unions as"institutions which advance democracy, co-operation, peaceful resolution of disputes and nonviolent negotiation (and which) are intrinsically worth preserving and protecting".' It is selfevident that a trade union needs strength to achieve these purposes. However, trade unions areweakened by the fact that it is not only union members who enjoy the benefits of their achievements, since non-members do the same and some employees thus try to avoid the burdens of trade union membership. It is therefore understandable that trade unions attempt to decrease the numbers of these so-called "free riders". Besides the pressure that can be brought to bear by fellow employees in the workplace, union security arrangements, such as the closed shop or the agency shop, represent another traditional method of strengthening trade unions. The free rider problem, however, is only one of many arguments used in the debate by those who support the establishment of closed shops.

Thesis (MPA. (Public Administration) -University of Limpopo, 2008 / Today, in South Africa, as we grapple with challenges brought by our new democracy, its appropriate to have practical guide that guide that can be used not primarily on issues of labour relations but also on issues of service delivery improvements. This study comes at the most opportune time, when all involved have to help shaping the public service and to come to grips with the implications of Labour Relations Act, 1995 (Act 66 of 1996). The study’s main objective is to find out the major labour related conflicts that are prominent at Mokopane Provincial Hospital and broadly discuss them in order to find out if they are threats to service delivery. After identifying threats to service delivery, it shall be appropriate to recommend through the application of the Labour Relations Act, 1995 (Act 66 of 1995), important areas that will enhance service delivery. In brief, this study is intending to close gaps between labour relations issues and service delivery.