Organisations face many obstacles in maintaining high quality standards and enhancing their competitive positions. It is not just the external factors, such as market fluctuations, but also internal obstacles, that have an effect on the competitiveness of organisations. Most of the internal factors are the result of poor management practices such as insufficient employee development paths, lack of mentorship programmes or job insecurity which results in the poor performance and commitment levels of employees. However employees are more willing to provide efficient and effective practices if they are committed to the organisation. A committed workforce can be created through many practices. Some of these practices include, creating an environment where employees feel as though they are part of the organisation and that their actions directly influence the success of the organisation (Kingston 2007); building long lasting and fair relationships between staff and supervisors (Manetje 2009:50); providing partial organisational ownership for employees through employee share ownership schemes (Employee share ownership plan guidelines 2007:3); creating an organisation structure which binds employees and groups together and removes bureaucratic practices (Brooks 2009:190) and creating management styles that encourage employee involvement (Manetje 2009:51) Unfavourable conditions within the economy are not making it any easier for organisations to become more competitive. Organisations have had to downsize, restructure and transform in order to cut costs as the demands for goods and services slowed down. However, these practices have resulted in an insecure work environment for employees and have posed complex challenges for management. (Coetzee 2005). Employment contracts have therefore become popular tools for managing economic downturns. Organisations opt for more temporary staff so as to easily reduce headcount when costs need to be lowered. Employment contracts give organisations the advantage of flexibility which is a key area for success in turbulent business environments (Krausz, Bizman & Braslavsky 2001:302). Previous research on temporary contracts has revealed lower commitment levels of staff than other types of contracts such as permanent and fixed-term contracts (Guest 2004:12). Therefore, there needs to be a balance between various employment contracts; a balance which brings out the best in organisational performance. The different types of employment contracts are also important tools to use to enhance commitment within the organisation. For that reason, it is essential to understand the linkage between the types of contracts and organisational commitment and whether certain contracts result in higher levels of organisational commitment. The primary objective of the study is to identify factors which influence organisational commitment as well as to investigate whether organisational commitment and the different types of employment contracts can increase employee motivation and job involvement within the automotive industry environment. Given the primary objective of the study, a quantitative research paradigm was followed in testing the relevant hypotheses. A five-point Likert scale questionnaire was conducted to gather empirical data from the respondents employed within the automotive industry. The target population of the study was the employees within the automotive industry (Volkswagen of South Africa). A convenience sampling technique was used to distribute the questionnaires and the researcher made use of both manual hand-outs and an online system called the Survey Monkey to gather the data. The sample was restricted to 260 respondents. The main findings of this study revealed that the dimensions, workplace culture, job security, career development and personality were statistically significant and had a positive influence on organisational commitment. Workplace culture proved to be the most significant positive influence on organisational commitment. Thus, if an organisation adjusts this dimension to better suit the employees, the result could be an enhanced level of employee commitment. On the other hand, management style and mentoring were found to be the least important in influencing organisational commitment in the automotive industry. Furthermore, the results illustrated a significant positive relationship between organisational commitment and the dependent variables, employee motivation and job involvement. The study also identified the link between employment contracts and organisational commitment, job involvement and employee motivation. However, a statistically significant relationship only existed between employment contracts and job involvement. Thus the different types of contracts have an effect on the level of employee involvement within an organisation. The implications of the findings are that organisations within the automotive industry should focus on areas that have a substantially greater impact on organisational commitment. These areas include workplace culture, job security, personality and career development. Organisations thus need to find methods or processes which facilitate the development of these areas. In order for organisations to move from good to great, a workforce that is committed to the goals and objectives is required.

The purpose of this research was to determine whether or not the South African public procurement regime, within the framework set out in section 217(1) of the Constitution 1996, complies with the internationally accepted objectives or principles of public procurement, as contained in the UNCITRAL Model Law on the Procurement of Goods, Construction and Services (1994) and the World Trade Organisation‟s Plurilateral Government Procurement Agreement, and how these objectives are balanced with the need for the government‟s socio-economic policies. The main features of the public procurement reforms after South Africa became a constitutional state are the provision of constitutional principles applicable to public procurement; the creation of a single national legislative framework in terms of the Public Finance Management Act 1 of 1999 and the Local Government: Municipal Finance Management Act 56 of 2003, applicable to organs of state in the national, provincial and local spheres of government; and the creation of a supply chain management function that is fully integrated with the financial management processes in government, in which decisions on public procurement are decentralised to the procuring entities. The following broad principles applicable to public procurement, which are common to the Model Law and the GPA, were identified: (a) Economy; (b) Competitiveness; (c) Effectiveness; (d) Transparency; (e) The combating of abuse; (f) The avoidance of risk; (g) Accountability; (h) Fairness and equitability; and (i) Integrity. / Private Law / LL.D.

Thesis (MPA)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: Supply chain management (SCM) in the public sector in general, as well as the municipal sphere in particular, has received increasing prominence over past few years. Although the focus is mainly due to the impact of fraud and corruption in public sector procurement, this author is of the opinion that SCM can also create value and aid in the attainment of strategic objectives. The study revealed that supply chain management is described as a process in literature, whilst it is described as a system by government. Of significance to this, is that both literature and government view SCM as a means to add value. The study also revealed that in order for SCM to add value and to contribute to the attainment of strategic objectives, it is important that SCM forms part of the performance management (PM) system of an organisation. Performance measurement tools, such as the balanced scorecard, benchmarking, improvement and other measurement tools, were introduced as tried and trusted methods for measuring SCM performance. The study was embarked upon because the author was of the opinion that municipalities in South Africa only implement SCM because it is required by legislation. Thus, this theory was tested at Hessequa Municipality and it was found that the current emphasis was on compliance at Hessequa Municipality. This was done by means of studying documentary evidence and through interviews conducted with various internal and external stakeholders either directly or indirectly affected by the SCM processes of Hessequa Municipality. The study tested Hessequa Municipality’s readiness to progress towards performance management and measurement by using the financial capability model for SCM as utilised by the Western Cape Government to ascertain the level of SCM implementation at municipalities. It was found that Hessequa Municipality meets almost all the compliance and control requirements, with only two areas that require slight attention before full compliance is achieved. Through the interviews conducted, the study also tested Hessequa Municipality’s willingness to progress to the next level and found that there was indeed a willingness to progress towards managing and measuring SCM activities. In conclusion, the study recommended that Hessequa Municipality uses a phased-in approach when it sets processes in place to progress towards performance managing SCM. That when developing performance indicators for SCM, it be aligned to the performance management system and targets of the municipality. It also recommended that a combination of the tried and trusted methods be used to measure SCM performance. Finally, it recommended that the municipality eradicates the silo approach to doing business and adopts a more integrated approach by firstly integrating its internal processes before embarking upon integrating the actions of all the agents within the supply chain. / AFRIKAANSE OPSOMMING: Voorsieningskanaalbestuur (VKB) in die openbare sektor oor die algemeen sowel as in die munisipale omgewing in besonder, het gedurende die afgelope jare al hoe meer na die voorgrond getree. Alhoewel die fokus hoofsaaklik toegeskryf word aan die impak van bedrog en korrupsie op verkryging in die openbare sektor, is die skrywer van mening dat VKB ook waarde kan toevoeg en tot die die behaling van strategiese doelwitte kan bydra. Die studie het aan die lig gebring dat VKB in literatuur as ’n proses beskryf word, maar deur die regering as ’n stelsel beskryf word. Wat egter van belang is, is dat beide die literatuur en regering VKB as ’n middel beskou om waarde toe te voeg. Die studie het ook openbaar dat, ten einde vir VKB om waarde toe te voeg en tot die behaling van strategiese doelwitte by te dra, dit belangrik is dat VKB ’n deel vorm van die prestasiebestuurstelsel van ’n organisasie. Prestasiemetingsinstrumente soos die gebalanseerde telkaart, doelwitstelling, verbetering en ander metingsinstrumente is ingestel as bewese metodes om VKB-prestasie te meet. Die studie is onderneem omdat die skrywer van mening was dat munisipaliteite in Suid- Afrika slegs VKB implementeer omdat wetgewing dit vereis. Hierdie teorie is by Hessequa Munisipaliteit getoets en daar is gevind dat die huidige klem op voldoening aan wetsvereistes is. Die toets is gedoen deur dokumentêre bewyse te bestudeer, asook deur onderhoude te voer met verskeie interne en eksterne rolspelers wat óf direk óf indirek deur die VKB-prosesse van Hessequa Munisipaliteit geraak word. Die studie het Hessequa Munisipaliteit se gereedheid om na prestasiebestuur en -meting te vorder, getoets deur van die finansiële vermoë-model gebruik te maak wat deur die Wes-Kaapse Regering gebruik word. Hierdie model word gebruik om die vlak van VKB-implementering by munisipaliteite te bepaal. Daar is gevind dat Hessequa Munisipaliteit aan feitlik alle vereistes vir nakoming en beheer voldoen, buiten twee gebiede wat geringe aandag verg alvorens volle nakoming behaal word. Deur onderhoude te voer, het die studie ook Hessequa Munisipaliteit se bereidwilligheid getoets om na die volgende vlak te vorder. Daar is gevind dat daar inderdaad ’n begeerte was om na die bestuurs- en metingsaktiwiteite van VKB te beweeg. Laastens het die studie aanbeveel dat Hessequa Munisipaliteit ’n infaseringsbenadering gebruik wanneer prosesse in plek gestel word om na VKB-prestasiebestuur te vorder. Wanneer prestasie-aanwysers vir VKB ontwikkel word, moet dit met die prestasiebestuurstelsel en -doelwitte van die munisipaliteit belyn word. Dit word ook aanbeveel dat ’n kombinasie van die beproefde en getoetste metodes gebruik word om VKB-prestasie te meet. Die laaste aanbeveling is dat die munisipaliteit die silo-benadering van sake doen uitwis en ’n meer geïntegreerde benadering aanneem. Die interne prosesse moet eers geïntegreer word, waarna die handelinge van al die rolspelers in VKB geïntegreer word.

Thesis (MDF)--Stellenbosch University, 2015. / ENGLISH ABSTRACT: The Western Cape Education Department (WCED), through the Department of Public Works (DTPW), launched the Grade R classroom programme in 2009 to increase primary school enrolment in less privileged communities. Due to the low construction contract values the programme has attracted SME contractors. These SMEs have stalled the programme by either not delivering on time or by going insolvent whilst building Grade R classrooms. This research investigated the challenges encountered by SME contractors in delivering Grade R classrooms. The objectives of the research were achieved by means of a questionnaire administered through telephonic interviews and face-to-face interviews. Thirteen contractors have taken part in the programme since 2009. All contractors who have built the classrooms in the Cape Metropole region were contacted for a telephonic interview of which 12 agreed to participate in the telephonic interviews. Descriptive statistics were used to collate and discuss the challenges reported by the contractors. The findings are similar to other studies of SME contractors. SME contractors that took part in the survey confirmed that financial factors, economic and external environment, management skills and expansion and growth factors have been affecting their businesses. The fifth factor, which is the project specific factor, had the most interesting data. Nine out of twelve contractors interviewed indicated that they were not satisfied with the grade R contract working environment. If it was not for scarcity of work, they would not tender for Grade R classrooms. Nine out of twelve contractors interviewed indicated that the DTPW and its agents hindered the successful delivery of Grade R projects through their actions. The main reasons given were the late handover of sites, incomplete construction information, unreasonable construction period, numerous specification changes and delays in processing information. What emerges from the data collected is that the DTPW needs to address the challenges highlighted in this research report. Addressing the challenges will ensure the success of the Grade R programme. This will be beneficial to both the SME contractors and the DTPW. The study also makes recommendations on how to address the challenges.

Thesis (MEng)--Stellenbosch University, 2014. / Construction projects have developed over several decades through the advancement of technology, increased scarcity of resources and the ever increasing pressure of time and cost constraints. Because of new technology and modern construction methods, construction projects have become increasingly complex. These complexities inherently bring new risks that must be dealt with accordingly. A contract is the primary method through which risks are allocated between the Employer and the Contractor. The conditions allocating the risks legally bind both parties to accept responsibility of those risks, therefore it is important to understand the aspects of law that has bearing on contracts. In this thesis the scope is restricted to construction contracts. Because of the role that a contract plays, especially in the construction industry context, it is important to know the requirements of a modern contract to ensure the successful completion of projects and the continued sustainability of Employer-Contractor relationships. In South Africa, the Construction Industry Development Board (CIDB) is a body that monitors developments in the construction industry. The CIDB has the authority to enforce legislation to ensure that contracts conform to a standard that protects the interests of both the Employer and the Contractor. One of the procurement documents endorsed by the CIDB is the General Conditions of Contract for Construction Works published by the South African Institution of Civil Engineering (SAICE). The first edition of the GCC was published in 2004 (GCC 2004) and a revised second edition was published in 2010 (GCC 2010). In this study the GCC 2010 and the GCC 2004 are compared first through a content analysis, to establish the effect the revisions on the bias of the document (or favouring a particular party) and then by means of a survey. The objectives are: a. To test whether revisions to the GCC from the 2004 edition to the 2010 edition resulted in a change in bias (assuming it exists) and compliance with the requirements of the modern contract; b. To determine the extent and effect of alterations to standard clauses of the GCC 2010 on the way in which the contract favours a particular party; c. Providing recommendations for future revisions that would potentially improve project success, relationship building and reduce the need for significant alterations to the standard clauses. Although a construction contract is undertaken between the Employer and the Contractor, the Consultant (who is not party to the contract) commonly drafts the contract on behalf of the Employer. The findings of the study show that the revision had a significant impact on improving the clarity of the roles of the Employer and the Contractor. A marginal improvement was found in the area of payment operating mechanisms. The perceived fairness of the document neither increased nor decreased. Clauses on claims and disputes and risk and related matters were the two areas that respondents identified as having the most bias that may be detrimental to the success of a construction project. Despite survey respondents finding the GCC 2010 procurement document to be fair, clauses are still altered by Employers (probably through Consultants) resulting in a biased contract favouring the Employer. Employers and Consultants should thus be educated more on bias and fairness in contracts and on the implications of shifting more risk to Contractors by altering clauses. Ultimately, the success of any construction project is dependent on the attitudes of the participants. Even the most fair procurement document is not a substitute for a relationship built on honesty and trust.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012 / In Joseph v University of Limpopo & Others (JA14/09) [2011] ZALC 8 (13 May 2011) the Labour Appeal Court affirmed that there was unfairness in the process adopted by the employer in failing to renew the employee’s fixed term contract. This research paper examines the Labour Appeal Court’s reasoning in this case, with particular focus on the development of an implied term that each party to an employment contract owes the other a mutual duty of trust and confidence, and general reasonable behaviour. This paper further argues that mutual trust and confidence in the employment context protects the legitimate expectations of employees by serving as a bulwark against illegitimate conduct or acts of on the part of the employer designed or likely calculated to destroy the employer-employee relationship, thereby ensuring fuller protection of an employee’s constitutional rights. Joseph v University of Limpopo & others is of great significance. It indicates that the employer’s ability to rely successfully upon its prerogative not to renew fixed term contract where an employee has legitimate expectation of renewal may be contingent on its having acted in a manner consonant with mutual trust and confidence.

The purpose of this research was to determine whether or not the South African public procurement regime, within the framework set out in section 217(1) of the Constitution 1996, complies with the internationally accepted objectives or principles of public procurement, as contained in the UNCITRAL Model Law on the Procurement of Goods, Construction and Services (1994) and the World Trade Organisation‟s Plurilateral Government Procurement Agreement, and how these objectives are balanced with the need for the government‟s socio-economic policies. The main features of the public procurement reforms after South Africa became a constitutional state are the provision of constitutional principles applicable to public procurement; the creation of a single national legislative framework in terms of the Public Finance Management Act 1 of 1999 and the Local Government: Municipal Finance Management Act 56 of 2003, applicable to organs of state in the national, provincial and local spheres of government; and the creation of a supply chain management function that is fully integrated with the financial management processes in government, in which decisions on public procurement are decentralised to the procuring entities. The following broad principles applicable to public procurement, which are common to the Model Law and the GPA, were identified: (a) Economy; (b) Competitiveness; (c) Effectiveness; (d) Transparency; (e) The combating of abuse; (f) The avoidance of risk; (g) Accountability; (h) Fairness and equitability; and (i) Integrity. / Private Law / LL.D.

The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.

LL.M. (International Commercial Law) / “It is in this very context of employment relationships which have a cross-border dimension that conflict of law between individual legislative systems in the area of employment law raise complex questions of law. One of the consequences of this is that they often present the courts … which are called upon to determine the law applicable to an employment contract with considerable problems. Alongside the customary difficulties associated with interpreting the employment contract comes the uncertainty as to what the best approach is to determining the applicable law. These difficulties in judicial practice are on the increase as it becomes more common for workers to be posted, more EU citizens avail themselves of the freedom of movement for workers and more undertakings enter into relationships with firms overseas or operate places of business in other countries. The – temporary or indefinite – posting of large numbers of employees has become an important aspect of international economic relations, not only within the European internal market but, more generally, throughout the world. It is for that very reason that there is an urgent need for conflict of law rules which offer the contracting parties foreseeable solutions to the numerous problems that affect employment relationships...”Like Advocate General Trstenjak, South African writers are not ignorant of the complications that international contracts of employment bring. As correctly pointed out by Calitz, globalisation has resulted in many South African employees increasingly working for South African employers outside of South Africa and the determination of any disputes that may arise in these unique employment relationships requires the application of conflict of laws. This is problematic and the present author submits that there is a lacuna in South African private international law in respect of employment contracts involving a foreign element. A number of factors have contributed to this gap in South African private international law, namely the infrequency with which judges in South African courts have been called upon to determine such issues.

The public sector is the biggest consumer of construction works in South Africa. Public sector is known for late payments to its service providers. This led to the study’s problem statement that stipulates that, the construction industry; particularly emerging contractors generally experience late payments from clients and employers. This is due to the fact that emerging contractors are vulnerable to failing as these contractors have limited financial resources and experience. The primary objective of the study was to develop a better understanding of the implications of late payments by the government on emerging construction contractors. The study therefore investigated the experiences of emerging construction contractors in the Eastern Cape. The secondary objectives of the study were: to identify the reasons for late payments by the public sector; determine the payment norms applicable to, and expectations of emerging construction contractors; establish construction contractors’ experiences with government payment methods; and to examine the implications of late payment on emerging contractors and their businesses. The study was conducted within a qualitative research paradigm. The participants were identified through non-probability snowball sampling. The sample consisted of five emerging construction contractors mainly from the Civil Engineering and General Building sectors in the Eastern Cape. The data was collected using semi-structured interviewing and was analysed using Tesch’s qualitative analysis explained by Hesse-Biber & Leavy (2011:201). The key results of the empirical study show that late payments have incapacitating effects on the development of emerging contractors. The conclusion reached from the empirical study includes recommendation that construction industry stakeholders form payment legislation aimed at curbing the delay of payments.