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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The financial responsibilities of the employer with regard to injuries caused by crime of the employee in the retail sector / Marius Lafras Smit

Smit, Marius Lafras January 2014 (has links)
The employee‘s right to a safe working environment or a safe place of work is recognised in common law, the Constitution of the Republic of South Africa 1996, the Labour Relations Act, Act 66 of 1995, The Basic Conditions of Employment Act, Act 75 of 1997 and the Occupational Health and Safety Act, Act 85 of 1993. The Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993 (COIDA) prescribes the procedure for compensating employees for injury on duty. Regionally the standards for working condition have been formalized by the South African Development Community. A safe workplace has been the cornerstone of development in working conditions and labour law, throughout the last century in generally and specifically the last decade. COIDA provides for a system of ―no-fault compensation‖ This eliminated the onerous common-law burden previously resting on employees to prove negligence on the part of the employer in order to be able to claim compensation for injury on duty. However Section 35 of COIDA creates problems of it‘s own. It provides that no employee is allowed to claim damages from his/her employer for any injuries sustained on duty. Section 35(1) reads as follows: ―No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee‘s employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death. The problem section 35 creates is that because of the protection it gives employers against claims, it derogates from employer‘s duty to provide a safe working environment. Even if an employee is injured because of the employer‘s negligence or failure to create a safe and secure working environment, no action may be taken against that employer. In Twalo v Minister of Safety & Security & another (2009) 30 ILJ 1578 (Ck) the court held that an injury caused by an intentional act cannot be deemed an accident as defined in COIDA and that it would therefore not be covered by COIDA. In DN v MEC for Health, Free State 2014 (3) SA 49 (FB), once again, an accident in the ordinary and grammatical sense was held not to be an injury on duty if that injury had been caused by an intentional and deliberate act. These judgements followed an argument in Minister of Justice v Khoza 1966 (1) SA 410 (A). On this basis it is therefore possible to claim damages from the employer for an injury on duty that was not caused by an accident, but was caused by an intentional act performed by a criminal. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015
2

The financial responsibilities of the employer with regard to injuries caused by crime of the employee in the retail sector / Marius Lafras Smit

Smit, Marius Lafras January 2014 (has links)
The employee‘s right to a safe working environment or a safe place of work is recognised in common law, the Constitution of the Republic of South Africa 1996, the Labour Relations Act, Act 66 of 1995, The Basic Conditions of Employment Act, Act 75 of 1997 and the Occupational Health and Safety Act, Act 85 of 1993. The Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993 (COIDA) prescribes the procedure for compensating employees for injury on duty. Regionally the standards for working condition have been formalized by the South African Development Community. A safe workplace has been the cornerstone of development in working conditions and labour law, throughout the last century in generally and specifically the last decade. COIDA provides for a system of ―no-fault compensation‖ This eliminated the onerous common-law burden previously resting on employees to prove negligence on the part of the employer in order to be able to claim compensation for injury on duty. However Section 35 of COIDA creates problems of it‘s own. It provides that no employee is allowed to claim damages from his/her employer for any injuries sustained on duty. Section 35(1) reads as follows: ―No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee‘s employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death. The problem section 35 creates is that because of the protection it gives employers against claims, it derogates from employer‘s duty to provide a safe working environment. Even if an employee is injured because of the employer‘s negligence or failure to create a safe and secure working environment, no action may be taken against that employer. In Twalo v Minister of Safety & Security & another (2009) 30 ILJ 1578 (Ck) the court held that an injury caused by an intentional act cannot be deemed an accident as defined in COIDA and that it would therefore not be covered by COIDA. In DN v MEC for Health, Free State 2014 (3) SA 49 (FB), once again, an accident in the ordinary and grammatical sense was held not to be an injury on duty if that injury had been caused by an intentional and deliberate act. These judgements followed an argument in Minister of Justice v Khoza 1966 (1) SA 410 (A). On this basis it is therefore possible to claim damages from the employer for an injury on duty that was not caused by an accident, but was caused by an intentional act performed by a criminal. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015
3

Thoracic posture, electromyography and isokinetic strength of the shoulder in relation to shoulder injuries in semi-professional rugby players / Garth Bolton

Bolton, Garth, 1977- January 2012 (has links)
The game of rugby union has evolved over the years into a professional sport in which an increased incidence of injury is evident. This also applies to the shoulder joint. It appears that certain risk factors are associated with shoulder pathology among rugby players as well as among the general population. In a competitive sporting environment where high stress loads are placed upon the body and joints, this association may be even more pronounced. Despite the fact that numerous studies have investigated the various factors that potentially play a role in the occurrence of shoulder injuries among sports participants generally, similar studies involving rugby union players in particular are limited. Previous studies have investigated and profiled rugby players with regards to posture, shoulder isokinetic muscle strength and electromyographic patterns, but no study has yet investigated the relationship between these factors and the role they may play in the risk of being injured. It would be beneficial to have a better understanding of the interplay between these factors and to identify the most likely factors to predict and/or prevent shoulder injuries in rugby players. With this information at hand, it might be possible to identify players who are at risk of shoulder injuries in order that they may potentially benefit from effective “pre-habilitation” protocols. The aim of this study was to determine what the relationship between thoracic posture, isokinetic shoulder strength and scapulae muscle activation patterns in injured and uninjured rugby players was, and to determine which of these variables might predict shoulder injuries. Methods Ninety-one (91) uninjured semi-professional rugby union players’ shoulder joint range of motion differences (ROM) were manually tested with the hand-behind-the-neck and hand- behind-the-back method. The profiling and classification of the thoracic posture was performed using the New York Posture Test. Scapular muscle activation patterns were determined by means of electromyography (EMG) measuring the activation of the upper and lower trapezius, serratus anterior and infrapinatus muscles. The isokinetic muscle strength of the rotator cuff muscles was determined at 60°/sec (Kin-Com 500H) measuring concentric and eccentric forces during internal and external rotation. Results Some participants presented with non-ideal or unsatisfactory shoulder internal rotators (59%) and external rotators (85%) bilateral ROM differences. Of all the participants, 68% presented with an abnormal shoulder position in the lateral view, and the sequence of muscle activation of the scapula stabiliser muscles was found to be: serratus anterior; lower trapezius; infraspinatus and then upper trapezius. The isokinetic antagonist/agonist strength ratio for shoulder rotation during concentric muscle contraction was 64% for the non-dominant and 54% for the dominant shoulder. The corresponding ratios for the eccentric muscle contraction of the non-dominant and dominant shoulders were 67% and 61% respectively. The median muscle onset times of the backline players’ non-dominant infraspinatus muscles were 35.90 ms for ideal, 95.20 ms for non-ideal, and 93.90 ms for the unsatisfactory external rotators’ range of motion (ROM) differences. The median firing orders of the forwards’ dominant lower trapezius muscle was 3 for ideal, 1 for non-ideal, and 2 for unsatisfactory external rotators’ ROM differences. Among the forward shoulder group and the normal shoulder position group of the forwards respectively, the median muscle onset time of their non-dominant infraspinatus muscle was 113 milliseconds (ms) and 42 ms. Their non- dominant serratus anterior muscles’ median onset time was 78.85 ms among the players with a rounded back, and 31.90 ms among the players with a normal thoracic curvature. The backline players displayed a median non-dominant serratus anterior onset time of 47.45 ms (in the uneven shoulder group) versus 32.75 ms (in the even shoulder group). The median firing order of the backline players’ non-dominant infraspinatus muscle was third in the normally curved back group. Among the players with an abnormally rounded back, however, the median firing order changed to second. The median external rotation/internal rotation isokinetic strength ratio of the forward players was 63% (forward shoulders), versus 56.50% (normal shoulder position). This was for their non-dominant shoulders. Certain isokinetic shoulder strength ratios displayed statistically significant correlations with scapular muscle activation patterns but they were not clinically significant. Players who had sustained shoulder injuries during the season differed significantly from those who had not sustained injuries with regards to the following baseline measurements: age (the injured were older), height (the injured were taller) and non-dominant/dominant concentric external rotation ratio (the injured had a higher ratio). Among the backline players baseline differences occurred within age (the injured were older), weight (the injured were heavier), height (the injured were taller) and the body mass index (BMI) (the injured had a higher BMI). The variables that displayed statistically significant predictive values towards future injury were age (1.34 times increase for each year older), insufficient shoulder external rotator ROM differences (16.15 times increase if an unsatisfactory ROM difference occurs), uneven shoulders (4.43 times increase if shoulders were abnormally uneven) and the non- dominant/dominant concentric external rotation strength ratio (a 1.42 times increase for every 10% that the ratio increases). Conclusion Profiling of the group of players revealed that their non-ideal or unsatisfactory flexibility of shoulder external rotators, their forward shoulders in the lateral view, and their weakness of the shoulder external rotators did not result in abnormal scapular muscle activation patterns. Positive relationships were found between certain postural abnormalities (forward shoulders, a rounded back and uneven shoulders) and the delay of muscle onset times of infraspinatus and serratus anterior, as well as the firing order of infraspinatus. Forward shoulders increased antagonist/agonist isokinetic shoulder rotation strength ratios. Non-ideal or unsatisfactory flexibility of shoulder external rotators displayed positive relationships with altered infraspinatus muscle onset times and an altered lower trapezius muscle firing order. No clinically significant correlations were found between isokinetic shoulder strength ratios and scapulae muscle activation patterns. It appears that posture (uneven shoulders), has a higher predictive ability than shoulder strength imbalance (non-dominant/dominant concentric external rotation ratio) regarding future shoulder injury. However, age and especially external rotator ROM deficiency proved to be strong predictors of future shoulder injury in semi-professional rugby players. / Thesis (PhD (Human Movement Science))--North-West University, Potchefstroom Campus, 2013.
4

Thoracic posture, electromyography and isokinetic strength of the shoulder in relation to shoulder injuries in semi-professional rugby players / Garth Bolton

Bolton, Garth, 1977- January 2012 (has links)
The game of rugby union has evolved over the years into a professional sport in which an increased incidence of injury is evident. This also applies to the shoulder joint. It appears that certain risk factors are associated with shoulder pathology among rugby players as well as among the general population. In a competitive sporting environment where high stress loads are placed upon the body and joints, this association may be even more pronounced. Despite the fact that numerous studies have investigated the various factors that potentially play a role in the occurrence of shoulder injuries among sports participants generally, similar studies involving rugby union players in particular are limited. Previous studies have investigated and profiled rugby players with regards to posture, shoulder isokinetic muscle strength and electromyographic patterns, but no study has yet investigated the relationship between these factors and the role they may play in the risk of being injured. It would be beneficial to have a better understanding of the interplay between these factors and to identify the most likely factors to predict and/or prevent shoulder injuries in rugby players. With this information at hand, it might be possible to identify players who are at risk of shoulder injuries in order that they may potentially benefit from effective “pre-habilitation” protocols. The aim of this study was to determine what the relationship between thoracic posture, isokinetic shoulder strength and scapulae muscle activation patterns in injured and uninjured rugby players was, and to determine which of these variables might predict shoulder injuries. Methods Ninety-one (91) uninjured semi-professional rugby union players’ shoulder joint range of motion differences (ROM) were manually tested with the hand-behind-the-neck and hand- behind-the-back method. The profiling and classification of the thoracic posture was performed using the New York Posture Test. Scapular muscle activation patterns were determined by means of electromyography (EMG) measuring the activation of the upper and lower trapezius, serratus anterior and infrapinatus muscles. The isokinetic muscle strength of the rotator cuff muscles was determined at 60°/sec (Kin-Com 500H) measuring concentric and eccentric forces during internal and external rotation. Results Some participants presented with non-ideal or unsatisfactory shoulder internal rotators (59%) and external rotators (85%) bilateral ROM differences. Of all the participants, 68% presented with an abnormal shoulder position in the lateral view, and the sequence of muscle activation of the scapula stabiliser muscles was found to be: serratus anterior; lower trapezius; infraspinatus and then upper trapezius. The isokinetic antagonist/agonist strength ratio for shoulder rotation during concentric muscle contraction was 64% for the non-dominant and 54% for the dominant shoulder. The corresponding ratios for the eccentric muscle contraction of the non-dominant and dominant shoulders were 67% and 61% respectively. The median muscle onset times of the backline players’ non-dominant infraspinatus muscles were 35.90 ms for ideal, 95.20 ms for non-ideal, and 93.90 ms for the unsatisfactory external rotators’ range of motion (ROM) differences. The median firing orders of the forwards’ dominant lower trapezius muscle was 3 for ideal, 1 for non-ideal, and 2 for unsatisfactory external rotators’ ROM differences. Among the forward shoulder group and the normal shoulder position group of the forwards respectively, the median muscle onset time of their non-dominant infraspinatus muscle was 113 milliseconds (ms) and 42 ms. Their non- dominant serratus anterior muscles’ median onset time was 78.85 ms among the players with a rounded back, and 31.90 ms among the players with a normal thoracic curvature. The backline players displayed a median non-dominant serratus anterior onset time of 47.45 ms (in the uneven shoulder group) versus 32.75 ms (in the even shoulder group). The median firing order of the backline players’ non-dominant infraspinatus muscle was third in the normally curved back group. Among the players with an abnormally rounded back, however, the median firing order changed to second. The median external rotation/internal rotation isokinetic strength ratio of the forward players was 63% (forward shoulders), versus 56.50% (normal shoulder position). This was for their non-dominant shoulders. Certain isokinetic shoulder strength ratios displayed statistically significant correlations with scapular muscle activation patterns but they were not clinically significant. Players who had sustained shoulder injuries during the season differed significantly from those who had not sustained injuries with regards to the following baseline measurements: age (the injured were older), height (the injured were taller) and non-dominant/dominant concentric external rotation ratio (the injured had a higher ratio). Among the backline players baseline differences occurred within age (the injured were older), weight (the injured were heavier), height (the injured were taller) and the body mass index (BMI) (the injured had a higher BMI). The variables that displayed statistically significant predictive values towards future injury were age (1.34 times increase for each year older), insufficient shoulder external rotator ROM differences (16.15 times increase if an unsatisfactory ROM difference occurs), uneven shoulders (4.43 times increase if shoulders were abnormally uneven) and the non- dominant/dominant concentric external rotation strength ratio (a 1.42 times increase for every 10% that the ratio increases). Conclusion Profiling of the group of players revealed that their non-ideal or unsatisfactory flexibility of shoulder external rotators, their forward shoulders in the lateral view, and their weakness of the shoulder external rotators did not result in abnormal scapular muscle activation patterns. Positive relationships were found between certain postural abnormalities (forward shoulders, a rounded back and uneven shoulders) and the delay of muscle onset times of infraspinatus and serratus anterior, as well as the firing order of infraspinatus. Forward shoulders increased antagonist/agonist isokinetic shoulder rotation strength ratios. Non-ideal or unsatisfactory flexibility of shoulder external rotators displayed positive relationships with altered infraspinatus muscle onset times and an altered lower trapezius muscle firing order. No clinically significant correlations were found between isokinetic shoulder strength ratios and scapulae muscle activation patterns. It appears that posture (uneven shoulders), has a higher predictive ability than shoulder strength imbalance (non-dominant/dominant concentric external rotation ratio) regarding future shoulder injury. However, age and especially external rotator ROM deficiency proved to be strong predictors of future shoulder injury in semi-professional rugby players. / Thesis (PhD (Human Movement Science))--North-West University, Potchefstroom Campus, 2013.
5

Exploring mindfulness in self–injuring adolescents in a psychiatric setting / R. Kok

Kok, Rumando January 2010 (has links)
This study explored mindfulness in eight self–injuring psychiatric adolescents. A concurrent triangulation mixed–method design was used. In–depth semi–structured clinical interviews and clinical records constituted the qualitative data, while quantitative data was gathered using the Five–Facet Mindfulness Questionnaire (FFMQ). Thematic analysis was used to generate themes and subthemes for both selfinjury and mindfulness. Findings regarding self–injury were in line with the literature. In terms of mindfulness, two groups emerged: one sometimes acting mindfully and the other often acting mindfully. Both similarities and differences were found between the groups. Similarities in self–injuring behaviour can be explained by their similar scores on Observe and Nonreact, while the differences can be explained by the differences in their scores on Describe, Act with Awareness and Nonjudge. Those who sometimes act mindfully tend to be more self–critical, report more severe and lethal self–injuring episodes and more often use self–injury for self–punishment. Although those who often act mindfully self–injure more often, they show more selfcompassion and report less severe injuries and less lethal methods. Future research should explore the usefulness of mindfulness–based interventions, especially teaching Nonjudge and Nonreact skills, to not only increase mindfulness, but to decrease selfinjuring behaviour. Seeing that this is an exploratory study on a small sample, the results presented here should be considered to be preliminary until replicated with a larger clinical sample. / Thesis (M.A. (Clinical Psychology))--North-West University, Potchefstroom Campus, 2011.
6

Exploring mindfulness in self–injuring adolescents in a psychiatric setting / R. Kok

Kok, Rumando January 2010 (has links)
This study explored mindfulness in eight self–injuring psychiatric adolescents. A concurrent triangulation mixed–method design was used. In–depth semi–structured clinical interviews and clinical records constituted the qualitative data, while quantitative data was gathered using the Five–Facet Mindfulness Questionnaire (FFMQ). Thematic analysis was used to generate themes and subthemes for both selfinjury and mindfulness. Findings regarding self–injury were in line with the literature. In terms of mindfulness, two groups emerged: one sometimes acting mindfully and the other often acting mindfully. Both similarities and differences were found between the groups. Similarities in self–injuring behaviour can be explained by their similar scores on Observe and Nonreact, while the differences can be explained by the differences in their scores on Describe, Act with Awareness and Nonjudge. Those who sometimes act mindfully tend to be more self–critical, report more severe and lethal self–injuring episodes and more often use self–injury for self–punishment. Although those who often act mindfully self–injure more often, they show more selfcompassion and report less severe injuries and less lethal methods. Future research should explore the usefulness of mindfulness–based interventions, especially teaching Nonjudge and Nonreact skills, to not only increase mindfulness, but to decrease selfinjuring behaviour. Seeing that this is an exploratory study on a small sample, the results presented here should be considered to be preliminary until replicated with a larger clinical sample. / Thesis (M.A. (Clinical Psychology))--North-West University, Potchefstroom Campus, 2011.
7

Evaluation of resistance training equipment using three dimensional musculoskeletal modelling focusing on the biomechanical and anthropometric considerations of the enduser

Nolte, Kim 24 October 2011 (has links)
The main goal of this study was to evaluate whether three dimensional musculoskeletal modelling (3D) is effective in assessing the safety and efficacy of resistance training equipment. The focus of the evaluation was on the biomechanical and anthropometric considerations of the end-user. 3D musculoskeletal modelling was used to evaluate four pieces of resistance training equipment, namely the seated biceps curl, abdominal crunch, seated row and chest press. Three anthropometric cases were created; these represented a traditional 5th percentile female as well as a 50th and 95th percentile male based on body mass index (BMI). Resistance on the training machines was set at fifty percent of the functional strength one repetition maximum (1RM), for each anthropometric case and piece of exercise equipment two repetitions were performed except for the abdominal crunch model during which four repetitions were simulated. Each piece of equipment presented unique challenges. In three of the four studies (seated biceps curl, seated row and chest press) the default model created by the modelling software was not adequate to solve the forward dynamics simulations and thus adjustments had to be made to the default model in order to complete the modelling process. 3D musculoskeletal modelling by means of LifeModelerTM software was able to identify some potential risk for musculoskeletal injury as well as highlight the discrepancies between the anthropometric cases, specifically the accommodation of the 5th percentile female and the machines’ engineered adjustability. 3D musculoskeletal modelling has the potential to indicate shortcomings in resistance training equipment design. Therefore it appears as if 3D musculoskeletal modelling can be used to evaluate resistance training equipment design however the limitations as indicated by this study must be taken into consideration especially when using default models.AFRIKAANS: Die doel van die studie was om die effektiwiteit van driedimensionele (3D) muskuloskeletale modellering te evalueer in terme van die tegniek se vermoë om die veiligheid en doeltreffendheid van weerstands oefenapparaat te evalueer. Die fokus van die evaluasie was op die biomeganiese en antropometriese oorwegings van die end-gebruiker. 3D muskuloskeletale modellering was gebruik in die evaluasie van vier weerstands oefenapparate genaamd die sittende biceps krul, abdominale krul, sittende roei en sittende borsstoot. Drie antropometriese gevalle is geskep, die het ‘n tradisionele 5e persentiel vrou, sowel as ‘n 50ste en 95ste persentiel man voorgestel en was gebasseer op liggaamsmassa indeks waardes. Die eksterne weerstand van die apparaat was bepaal teen vyftig persent van die funsionele krag een-repetisie- maksimum vir elk van die antropometriese gevalle en twee repetisies is uitgevoer behalwe vir die abdominale krul waartydens vier repetisies gesimuleer is. Elke apparaat het unieke uitdagings gestel. In drie van die vier studies (sittende biceps krul, sittende roei en sittende borsstoot) was die standaard model van die sagteware onvoldoende om die voorwaards dinamiese simulasie op te los en moes aanpassings aan die modelle gemaak word vir suksesvolle simulasies. Die modellerings proses met die Lifemodeler™ sagteware kon potensiële risiko vir muskuloskeletale besering sowel as verskille tussen die verskeie antropometriese gevalle uitwys. Dit was veral opvallend vir die akkomodasie van die 5e persentiel vrou asook betreffende die apparaat se vervaardigde verstelbaarheid. 3D muskuloskeletale modellering beskik oor die vermoë om voorstelle vir verbetering in die ontwerp van weerstands oefenapparaat uit te wys. Dit blyk dus dat 3D muskuloskeletale modellering beslis gebruik kan word vir die evaluasie van weerstands oefenapparaat ontwerp, die beperkings van die studie moet egter in gedagte gehou word, veral wanneer standaard modelle gebruik word. / Thesis (DPhil)--University of Pretoria, 2011. / Biokinetics, Sport and Leisure Sciences / unrestricted

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