The current South African labour laws have evolved through decades of transitions. It originated from an autocratic employment relationship to the fight for worker rights and finally, to the equal rights and freedom of workers. However the rights of workers were always regulated by the idiosyncrasies and oppression of the political fabric of this country. One of the greatest contributing factors that enhanced worker confidence is the introduction of the previous Interim Constitution and the now, Final Constitution, which provided for equality for all South African citizens. All such laws have impacted intensely on the South African labour framework. Currently, we exist in a country where there are laws that ensure worker protection. On the face of it, the labour laws are clearly democratic. However, in practice, there exist many gaps in the law. This study is primarily based on identifying the areas of the labour laws where such laws do not adequately cater for the South African population and its diversities, and where it is not consistent with the International Labour standards. Major emphasis will be placed on the application of the law and the intention behind the drafters of such legislation. One area of focus is the application of the law to the HIV/AIDS crisis in South Africa. HIV/AIDS is seen as an epidemic that is adversely penetrating the workforce and a company's productivity. The disease itself is growing at an enormous pace and already, a small percentage of the population is affected by it. The disease inevitably leads to a drop in a company's output through the increase in employee absenteeism and deaths, and it also obligates employers to re-arrange their staff or hire new staff. Companies have been forced to change their policies and to create awareness in the workplace to adequately cater for workers who suffer from this epidemic. The laws itself have not made sufficient provision for applying itself to the growth in the percentage of AIDS employees. With a large percentage of the workforce having the disease, there has not been sufficient protection of such persons and their families. There are three stages in the HIV/AIDS cycle and the last stage weakens employees to the extent that they are unable to work. And with medical costs being as high as it is today, it won't be long before such employees lack the financial means to survive. Hence there is little protection to workers after contracting the AIDS virus. This is merely one of the areas of the HIV/AIDS crisis that requires review of the current labour laws. The labour laws are new to providing protection to workers. Inevitably, it is the responsibility of workers to protect themselves, either through saving on their own or entering into endowment or similar policies. However, with the instability in our current economic climate, it is difficult for employees to invest or to save. Employment Equity has been another area that requires development within the South African labour framework. Such equity is based on rectifying the political ravages of the past, where previously disadvantaged persons were prejudiced in various areas of the employment arena. Affirmative Action has been one area of change that many companies and corporations were forced to deal with. The International Labour Organization (ILO) has always attempted to diversify its laws to cater for the diversities of the world population. South Africa adopted many of its laws, specifically with regards to the HIV/AIDS crisis. However, considering that the labour laws are seen as a rapidly-changing area in the world economy, such areas are making it difficult for the current laws to be consistent with such changes. Emphasis is now placed on the application of the laws to such changes. This study is a very much theoretical to the extent that it identifies the areas of applicable law and the areas that require improvement or change in order to satisfy the "democracy" in a democratic country. / Thesis (M.B.A.)-University of Natal, Durban, 2003.

Thesis (MPhil)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: The present article is a research study aimed at providing an accurate picture of the problem of HIV and Aids-related stigma and discrimination within a company, by identifying the possible factors that help fuelling it, and describing the relationships among them. On the basis of these findings, I propose initiatives that may help to overcome the main barriers for stigma mitigation within the company, and provide suggestions for inclusion in the company’s HIV and Aids policy of strategies and positions that may thwart stigma among the workforce. / AFRIKAANSE OPSOMMING: Die doel van hierdie studie was om ‘n akkurate beskrywing te gee van stigma en diskriminasie wat romdon MIV/Vigs bestaan. Die studie is in ‘n maatskappy in Maputo, Mosambiek, uitgevoer. Moontlike faktore wat hierdie stigma en diskriminasie aanwakker is gegee en ook die verhouding tussen die faktore. Voorstelle word gegee om stigma binne die maatskappy te verminder en ook om dit by die maatskappy se MIV/Vigs beleid in te sluit.

Thesis (Ph. D.)--University of Texas at Austin, 2008. / Vita. Includes bibliographical references.

Thesis (MComm)--University of Stellenbosch, 2005. / ENGLISH ABSTRACT: The new set of employment equity laws call for South African organisations to justify their compensations systems. During compensation discrimination litigation, evidence is required to support arguments put before the court in order to meet the burden of proof. The similarity between foreign and domestic legal systems, suggests that the operational implications of foreign legislation will also be relevant to South Africa. This raises the debate as to the nature of fairness in the compensation context, the debate of comparable worth and the use of multiple regression analysis. The organisation must present to the court evidence to show that the choice of compensable constructs, their measurement and application does not discrimination directly or indirectly based on group membership. Multiple regression analysis, a statistical method to model the compensation system, is fraught with difficulties and misunderstanding. It is nevertheless the most appropriate method to investigate compensation fairness. Comparable worth and multiple regression analysis require assessment in the South African context. The issues, which hindered the successful use of multiple regression analysis abroad, are reviewed in order to smooth its entry into South African litigation. A framework is presented based on literature and case law whereby all parties concerned can produce and evaluate such evidence / AFRIKAANSE OPSOMMING: Die nuwe Anti-Diskrimineringswetgewing verlang van Suid-Afrikaanse organisasies om salarisstelsels te regverdig. Gedurende salarisdiskriminasielitigasie word bewys verlang om die bewyslas oor te dra. Die gelyksoortigheid van buitelandse en binnelandse regstelsels gee te kenne dat die operatiewe implikasies van buitelandse wetgewing relevant tot Suid-Afrika sal wees. Dit bevraagteken die aard van billikheid in die kompensasie konteks, die debat van vergelykbare waarde en die gebruik van veelvoudige regressieontleding. Die betrokke party moet bewys aan die hof toon om te bevestig dat die keuse van vergoedingskonstruksie, sowel as die meting en toepassing daarvan, nie onregverdig diskrimineer, ten opsigte van demografiese groepe me. Veelvoudige regressieontleding 'n statistiese metode wat gebriuk kan word om die salarissisteem voor te stel. Alhoewel dit vele onduidelikhede bevat, is dit steeds die mees toepaslike metode om salarisbillikheid te ondersoek. Vergelykbare waarde en meervoudige regressieontleding is in die Suid-Afrikaanse konteks geëvalueer. Die aspekte wat die sukses van die gebruik van meervoudige regressieontleding in ander lande verhinder het, is ondersoek en geëvalueer om die toekomstige toepassing daarvan in Suid-Afrika te vergemaklik. 'n Raamwerk gebaseer op literatuur en gevalle studies word voorgestel, waar al die betrokke partye sodanige bewys kan produseer en evalueer.

Dissertation (PhD)--Stellenbosch University, 2003.

Thesis (MPhil) -- University of Stellenbosch, 2004 / ENGLISH ABSTRACT: After 1994, the year in which the first democratic election in the country was held and which placed South Africa irrevocably on the road to the creation of a new society, many institutions had to change to adapt to the new circumstances. All government and private institutions were compelled to adhere to transformation requirements. This study investigates the damage to blacks in the period before 1994, as well as the legal instruments and other regulations of the new government to assist black empowerment, with a view to creating a more equal society. The transformation of media institutions is a subject which, up to now, has not yet been researched thoroughly. This study was undertaken to establish the progress that has been made by Media24, a Naspers affiliate. The paper discusses the practical problems surrounding transformation, specifically those attached to an historic Afrikaans "white" institution like Media24. The conclusion which was derived at after interviews with top management, is that the company's leadership has moved into a position where transformation isn't questioned any more. Practical efforts are now being made to accelerate affirmative action and transformation. An audit of Media24 which was completed in 2004, and which is indicative of the company's achievements according to the transformational charter for black economic empowerment, was studied. The result shows that Media24 has made excellent progress in some areas, but has failed to achieve the desired results in others. Resulting from this, Media24's management began to set specific goals in order to be able to adhere to certain legal requirements (which includes, amongst others, affirmative action) within a specific time frame. Some of the proposals in this study include: That Media24's upcoming leadership should be measured against its ability to understand the requirements to do business in a new, diverse society; that more successful communication measurements be instituted around transformational processes and measurements and that a transformational ombud be appointed to highlight shortcomings and to help accelerate the process. The study has not exhausted the subject and, with transformation being an ongoing process, it is recommended that it be investigated further. / AFRIKAANSE OPSOMMING: Ná 1994, die jaar waarin die eerste demokratiese verkiesing in die land gehou is en Suid-Afrika onherroeplik op pad na die skepping van 'n "nuwe samelewing" geplaas is, sou baie instellings moes verander om by die nuwe omstandighede aan te pas. Alle staats- en private instellings sou aan transformasievereistes onderhewig wees. Dié werkstuk ondersoek kortliks die benadeling van swart mense in die tydperk voor 1994 en die wetlike instrumente en ander maatreëls van die nuwe regering om swart bemagtiging te help versnel en 'n meer gelyke samelewing te help skep. Die transformasie van media-instellings is 'n onderwerp wat nog nie behoorlik nagevors is nie en dié studie is aangepak om vas te stel hoe ver Media24, 'n filiaal van Naspers, gevorder het daarmee. Die praktiese probleme rondom transformasie word uitgelig, spesifiek dié by'n histories Afrikaanse "wit" instelling soos Media24. Die afleiding wat gemaak word uit onderhoude met die topbestuur van Media24 is dat die maatskappy se leierskap verby die punt is waar transformasie bevraagteken word. Praktiese pogings word nou aangewend om regstellende aksie maatreëls te versnel en transformasie vinniger te laat geskied. 'n Oudit van Media24 wat in 2004 uitgevoer is en wat die maatskappy se prestasie volgens die bemagtigingstelkaart vir swart ekonomiese bemagtiging aandui, is bestudeer. Die resultaat daarvan het getoon dat Media24 op sekere gebiede van swart bemagtiging goed vaar, maar op ander gebiede ver agter is. Media24 se bestuur het na aanleiding hiervan bepaalde teikens begin stelom die wetlike vereistes, wat onder meer regstellende aksie insluit, binne 'n sekere tydperk na te kom. Van die voorstelle in die studie sluit in: dat Media24 se opkomende leierskorps gemeet word aan die mate waarin hulle die vereistes verstaan om in die nuwe, diverse samelewing sake te doen, daar groter kommunikasie in die maatskappy moet wees oor transformasieprosesse- en maatreëls en dat 'n transformasie-ombud aangestel word om op tekortkominge te wys en die proses te help versnel. Die studie het nie die onderwerp uitgeput nie en verdere navorsing kan aangepak word, veralomdat transformasie 'n deurlopende proses is.

The objective of this study was to assess the perceptions of individuals with disabilities regarding the career advancement challenges they face and to determine whether the perceptions of career advancement challenges disabled individuals from different races, ages, genders and occupational levels differ. This study employed a qualitative approach to explore the career advancement challenges and also to achieve the empirical objectives. The empirical study was conducted with 15 employees with declared disabilities employed by two group companies in different sectors in the Gauteng Province. Probability, purposeful and snowballing sampling techniques were applied. The findings indicated that most people with disabilities experienced career advancement challenges, especially promotion opportunities. Managers and colleagues’ lack of knowledge about disabilities have an adverse impact on the careers of individuals living with a disability. The findings of this study may help companies improve practices on the integration and inclusion of employees with disabilities and also on decision-making regarding their careers. / Human Resource Management / M. Com. (Business Management)

The legislation relating to equal remuneration claims is an area of law which is nuanced and consequently poorly understood. It has posed an unattainable mountain for many claimants who came before the South African courts. This is as a direct result of the lack of an adequate legal framework providing for same in the Employment Equity Act 55 of 1998. The case law recognises two causes of action relating to equal remuneration. The first cause of action is equal remuneration for the same/similar work. The second is equal remuneration for work of equal value. The former is easily understood by both claimants and courts but the latter is poorly understood and poses many difficulties. The aim of this dissertation is fourfold. Firstly, the problems and criticisms regarding equal remuneration claims will be briefly highlighted. Secondly, a comprehensive analysis of the current legal framework will be set out together with the inadequacies. Thirdly, an analysis of international law and the law of the United Kingdom relating to equal remuneration claims will be undertaken. Fourthly, this dissertation will conclude by proposing recommendations to rectify the inadequacies. / Mercantile Law / LL.M. (Labour law)

Thesis (MTech (Human Resource Management)--Cape Peninsula University of Technology, 2009 / This thesis explores the barriers/constraints that the SMME may experience whilst attempting to recover their skills levies from the wholesale and retail SETA (W&RSETA). Skills development legislation was introduced in South Africa to address the previous disparities in education and training. The Skills Development Levies Act (SOLA) of 1999 established the introduction of skills levies. The SOLA stipulated that all companies with an annual payroll in excess of R 500 000 would be required to pay skills levies to the South African Revenue Service (SARS). SARS then distributes the funds to the relevant sector education and training authority (SETA). The company would then have the option of recovering up to seventy percent of its skills levies, provided that it had implemented various skills development and training initiatives throughout the year. While larger companies may be more attuned in terms of recovering these levies, small, micro and medium enterprises (SMMEs) may experience difficulties in doing so. The research design included a descriptive study of both qualitative and quantitative components. The investigation was conducted by interviewing twenty stakeholders within the wholesale and retail sector. The stakeholders were divided into two categories, namely SMMEs and the assistants to SMMEs. The information was analysed within the context of the twenty stakeholders interviewed who were located in the Westem Cape area and registered with the W&RSETA. The findings indicated that the main constraints that SMMEs may be experiencing whilst attempting to recover their skills levies from the W&RSETA included: a lack of understanding of the grant recovery system; lack of time; burdensome administration; a lack of finance; and a lack of communication and support from the W&RSETA This research would be a pilot study that would provide a basis for a future study which may seek to provide practical recommendations to policy makers both in govemment and the private sector, in terms of assisting levy paying SMMEs within the W&RSETA to recover skills levies.

Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2011. / The main objective of this research was to evaluate the impact of Employment Equity Legislation on land reform delivery within the Provincial Land Reform Office of the Department of Rural Development and Land Reform in the Western Cape Province. In order to achieve this goal the researcher conducted a literature search of relevant books, journal articles, academic papers, news paper articles, legislation and subordinate legislation, policy documents, official reports, other applicable published and unpublished research materials. In conjunction with the literature search, the researcher developed a survey questionnaire to establish whether employment equity legislation does have a negative impact on land reform delivery within the provincial land reform office in the Western Cape. The survey was conducted arnonqst 60 employees within the Provincial Land Reform Office in Cape Town, including the District Offices of the Provincial Office. Fifty four (54) responses were used in the analysis, which represent a 90% rate of return. Based on the findings of the literature study and the empirical survey, 51.9% respondents' are of the opinion that the implementation of employment equity legislation does have a negative impact on land reform delivery within the provincial land reform office of the Western Cape. The researcher recommends that the department should consider using provincial demographics when employing staff within its provincial offices to ensure a more stable workforce. This is a true reflection of the responses as the majority of the respondents (81.5 %) agreed that Employment Equity (EE) targets should be based on provincial demographics rather than national demographics, whilst 13% of the respondents disagreed with this statement. Seventy seven comma eight percent (77.8 %) of the respondents also agreed that EE should reflect the target market being served. This will go a long way to foster good employer - employee relationships.