Kenyan labour laws inadequately protect HIV positive worker. The Constitution of Kenya, 1963, does not prohibit stereotypical attitudes adverse to HIV positive workers and discrimination on the basis of health status. It does not provide for the right to employment, health and health care services, and fails to delimit privacy and dignity rights. Under the Industrial Property Act, 2001, the basis for Government exploitation of patent through compulsory licensing is whimsical and parallel importing is not envisaged. Employers unilaterally draft employment contracts notwithstanding their unequal power relations to employees. The HIV and AIDS Tribunal institutionalises discrimination against HIV positive workers on the basis of the ambiguous ‘inherent job requirements.’ Plausible international labour laws and practices have no place in Kenya unless they are domesticated. SUMMARY This thesis interrogates the Kenyan labour laws and policies to identify their inefficiencies and suggest recommendations for reform. It commences with an analysis of the topical issues associated with the HIV positive worker. It then examines the extent of prevalence and ramifications of HIV/AIDS in Kenya. Subsequently, it studies the efforts made at the international and domestic arena in protecting the HIV positive worker. A comparative analysis is made of the laws protecting the HIV positive worker in a number of countries, namely, South Africa, United States of America and Australia. The thesis draws conclusions and recommends measures on how best to protect the Kenyan HIV positive worker. The labour laws should be amended to prohibit discrimination on the basis of health status, provide for right to affordable medication and work, allow negotiation of employment contracts, list international laws that Kenya ratifies without reservation as a source of law and delimit the concept of ‘inherent requirements of a job.’ The public should be sensitised to embrace HIV positive workers. Once the new Constitution is enacted, it should list socio-economic rights as fundamental rights and reform the office of the ombudsman to deal with complaints against private employers. / (LL.D.)

This thesis is a critical review of educated women’s leadership in their emancipation in Ethiopia. Did they provide leadership and to what extent? It is to be noted that educated women’s leadership has been of great importance to women’s emancipation worldwide. Strong leadership was also the driving force behind women’s movements and feminism everywhere. However, the role of educated women in Ethiopia is hard to discern and their leadership efforts are largely invisible. On the other hand, many among the educated also lack the passion and desire to commit themselves in the fight for women’s emancipation. In this thesis I researched the settings and frameworks of women’s leadership and discussed the factors that function as limitations and/or opportunities. Overall there were more limitations than opportunities. These limitations are often historically rooted in the country’s religious, cultural, economic, political and traditional systems. And, as much as history and religion can be a source of strength and pride for many, they can also be a serious obstacle. The political regime of the Derg also scarred an entire population to the extent that despite the currently proclaimed ‘freedom’ of the EPRDF ruling party, women remain reluctant to step forward and claim their rights. The ruling party appears to appropriate women’s emancipation as a “private” interest and to use it for political gain, in the same manner as the Derg regime had done before it. Nowhere is there any sign of genuine freedom and equality for women in practice. Rhetoric reigns supreme through laws and policy documents, but they are not matched by genuine actions and concrete strategies. The traditional religious base of society is also making it more difficult to challenge autocratic tendencies of the ruling elite. The effect is that civil society is slowly being pushed to extinction, leaving the ruling party in charge as the main actor in all public services. This has serious consequences for the genuine emancipation of women in the country. The thesis finds that women’s leadership is not a luxury or personal demand, but a crucial step for the development of the country at large. It is encouraging to note that there are different sections of active women in the country waiting for strong leadership, leadership that can unite them into a movement and guide them on their unique emancipation paths. After all, it is only women themselves who, with their existing epistemic advantage, can transform their situation and change their status. / Sociology / D.Litt. et Phil. (Sociology)

The purpose of this research is to explore the need for, and the legal implications of, harmonising labour laws in the Southern African Development Community (SADC). Chapter One highlights a number of factors that call for the harmonisation of labour laws in the SADC region and discusses some of the reasons why labour laws are not well developed in the region. The influence of globalisation on labour standards in southern Africa and the influence of regionalism on the harmonisation of labour laws are discussed at length. The inference that could be drawn from this discussion is that for a regionalisation process in southern Africa to be successful, there is an urgent need to harmonise the region’s labour law system. This thesis confirms that Southern Africa has many lessons to learn from the regional harmonisation of labour law in the European Economic Community and the current European Union. The implementation of international labour standards in southern Africa is investigated. The main areas examined include (1) freedom of association, (2) collective bargaining, (3) forced labour and (4) discrimination. The findings of this investigation show that there is no uniformity in the implementation of International Labour Organisation (ILO) standards in the SADC region and, therefore, it is recommended labour law should be harmonised in terms of ILO standards. In respect of the benefits to be derived from the harmonisation process, an empirical investigation was conducted in the SADC region and the following is recommended: the harmonisation of labour law in the SADC region will help with the implementation of ILO standards, protection of workers against the economic power of employers in the workplace and maintaining similar benefits for migrants in the region. / Mercantile law / LL.D.

The constitutionality of affirmative action in terms of section 8 of Act 200 of 1993 is investigated. The study contends that in constitutional interpretation it is permissible to have recourse to ethical precepts as long as these are anchored within the four corners of the Constitution. It is contended that the •equality clause• does not prescribe equality of outcome in favour of substantive equality of opportunity. It is asserted that group-based affirmative action may justifiably be attacked as being unconstitutional; either on the basis that it infringes the nonbeneficiary's equality rights in terms of sections 8(1) and 8(2) or that it falls beyond the constitutional protection afforded to affirmative action in terms of section 8(3). Furthermore, group-based modalities of affirmative action may also not constitute a permissible limitation on the fundamental right to equality, if compared to an individual-based socio-economic affirmative action model. / Jurisprudence / LL. M.

Despite the extensive research conducted on sexual harassment, very little work has focused on the legal and psychological constructions of women's resistance to sexual harassment. In exploring the legal and psychological constructions of women's resistance to sexual harassment, we are confronted with salient issues pertaining to the determination of the welcomeness requirement which call for a reflection. A key characteristic of sexual harassment is that it is unwanted by the recipient. It is for each person to decide what behaviour is acceptable to them and what they regard as offensive. Thus, although there is general agreement about what can constitute sexual harassment, the experience of sexual harassment is subjective in nature and the precise quantification of workplace sexual harassment is problematic. The present study aims to: (a) identify the reasoning/history behind the "unwelcomeness/unwanted" requirement, (b) assess the reasonableness of· the requirement of "unwelcomeness/unwanted" conduct, taking into account the various pieces of legislation and case law, (c) determine how the courts have interpreted this requirement and what factors are looked at, (d) determine whether the test is subjective or objective, (e) identify the struggle and debilitating effects sexual harassment has on women in the workplace. The results of this study will assist in gaining knowledge and understanding of the concept of "unwelcomeness/unwanted" conduct in sexual harassment cases and the effects it has on the victim which will go a long way in assisting management in any business to effectively implement strategies and disciplines to manage the problem of sexual harassment in the workplace. / Private Law / LLM (Labour Law)

Qualitative and quantitative research designs were employed to assess the influence of religion on gender equality and women empowerment in Mulanje district in Malawi. Qualitative data was collected using semi-structured questionnaires through interview with 18 key informants who were sampled by judgmental sampling and 4 FGDs with men and women belonging to different religions who were sampled by stratified random sampling. Quantitative data was collected using a self administered questionnaire to 130 participants sampled by stratified random sampling. Quantitative data was analyzed by using SPSS computer program version 16.0 in order to reach to a valid conclusion. The analysis of the data involved descriptive statistics. For qualitative data, themes were induced from the interview with key informants and FGD. Findings have revealed positive religious teachings and beliefs that have empowered women and promoted equality between men and women. Nevertheless, the study has also revealed that discriminatory religious teachings and attitudes are a reality in religious institutions and these have influenced not only the way women are treated in religious institutions but also the way women look at themselves. In light of the findings, recommendations have been made to the government of Malawi, religious institutions, religious leaders and CSOs to take appropriate actions to promote gender equality and women empowerment in Mulanje district. / Development Studies / M.A. (Development Studies)

The primary aim of this study was to investigate the implementation of the affirmative action policy within the Pretoria district of the South African Police Service. There is a need to examine and understand how the SAPS remove unfair discrimination in recruitment and selection processes in the implementation of affirmative action measures. Prior to 1994 the South African Police Force was male dominated and racism was fully institutionalised. Black people (Africans, Indians and coloureds), women and disabled people were marginalised and denied appropriate employment and advancement opportunities. The focus of the study was to identify challenges or problems encountered by the SAPS during the implementation of affirmative action policy; propose the strategies through which the SAPS can address discrimination in personnel staffing processes; and to assess and describe the criteria utilised by the SAPS in identifying the beneficiaries of affirmative action. The study includes the survey of international and national literature on the implementation of affirmative action. The study was conducted at 35 police stations within the district of Pretoria. The survey questionnaires were distributed to the respondents whereby three hundred and seventy (370) returned completed questionnaires, meeting the required sample figures. The respondents were selected by using a quota sampling. Qualitative research methodology was utilised in the interpretation and analysis of data. In addition, data was also collected through the documentary study. The major findings of this study illustrated that job requirements and responsibilities are seldom adjusted to accommodate disabled people. The communication of affirmative action policy is seen by respondents as being problematic. Respondents believe that affirmative action discriminates against certain groups within the disadvantaged groups. The research has divulged that the usage of interviews and involvement of supervisors in interview panels would minimise unfair discrimination in the allocation of promotional positions. Diversity management is not fully implemented to support affirmative action. People of all races are not employed to positions on the basis of their qualifications, experience and competencies as they deserve. The SAPS does not consider academic qualifications as criterion in the allocation of promotions. / Public Administration & Management / M. Admin. (Public Administration)

Thesis (MPA)--Stellenbosch University, 2001. / This research aims to evaluate the implementation of the affirmative action policy in the KwaZulu-Natal Provincial Administration and the department of the Premier has been selected for this purpose. The researcher was motivated by the desire to establish how Employment Equity Act, Act 55 of 1998 is implemented in the department of the Premier. The researcher is of the opinion that this department remains predominantly white and male staffed and therefore, has not complied with the desires, aspirations and the spirit of the new democratic South Africa. The purpose of the study is therefore to determine whether the department of the Premier in KwaZulu-Natal is predominantly white and male and whether there is any significant move towards normalising the situation in terms of our new legislation. A desk study, based on personnel records was used to qualify the gender and race disparities. A combination of a literature study and a structured interview survey methodology was used to determine the practice implications of the policy. Data was collected through a questionnaire that was distributed to all strata of the department in order to determine how affirmative action was perceived and understood by employees. This would determine whether they utilize the opportunity to improve themselves by applying for senior positions that are advertised in the department of the Premier as well as other departments in the provrnce. The research found that although the department has embarked on a programme of affirmative action, a number of issues still need to be addressed before it can be successfully implemented. These included: no affirmative action policy document for the department as an independent entity has been formulated to cater for its unique needs. no affirmative action strategy exists to address fears and concerns of top management, especially white managers, who seem to dominate the upper stratum of the department. no communication strategy to ensure that information on affirmative action filters down to all strata of the department. no proper monitoring mechanism in place that will enable the department to pick up mistakes and rectify' them timeously before damage is done. The researcher arrived at the conclusion that embarking on affirmative action means more than opening up access and promoting a few individuals merely on grounds of affirmative action. If affirmative action is accepted as a means of redressing past discrimination, then it is important for all employees of the department to work towards the achievement of this goal. The research assignment is also aimed at ensuring that employees in the department of the Premier in particular and other KwaZulu-Natal provincial departments in general, are a reflection of the demographics of the society they serve. It is further important to say that we form a customer friendly public service.

Thesis (MPA)--Stellenbosch University, 2013. / ENGLISH ABSTRACT: The relevance of employment equity has been widely debated. This study is of the view that affirmative action is the core factor in realising compliance to and implementation of employment equity. The study was aimed at investigating why Tygerberg Hospital has not complied with the implementation of the Employment Equity Act (EEA) No 55 of 1998 specifically with regards to the field of Dietetics. Research questions have been formulated, relying on literature which includes guiding legislation and policies. Recruitment and selection processes applicable to the dietetic department were analysed and linked with the consulted literature. Role of transformation in transforming the institution was part of the study to ascertain the scope of transformation in managing diversity within Tygerberg Hospital. A combination of data collection tools was used in the study, including interviews and questionnaires to better understand the underlying reasons of non-compliance. The fundamental findings of the study showed that even though policies and legislation had been formulated, there are underlying issues to be addressed by the institution, such as language barriers and personal perceptions of the institution which could subsequently be improved through effective diversity management strategies. It is recommended that the institution will have to come up with a short-term, measurable plan to ensure compliance such as an institutional employment equity plan, appointment of a transformational officer who will focus on managing the institutional diversity management, and an internal capacity building unit to carry out institutional training and development as opposed to the current system. To ensure monitoring and evaluation compliance on employment equity, it is recommended that the responsibility be linked to the performance plan of the senior managers as well as the line manager of the dietetic department. By so doing failure to comply will result in a poor performance assessment outcome of the delegated authority, compliance enforced through departmental disciplinary procedures. / AFRIKAANSE OPSOMMING: Die toepaslikheid van billike indiensneming is al wyd gedebatteer. Hierdie studie is die mening toegedaan dat regstellende aksie die kern faktor is om nakoming van en die implementering van billike indiensneming te bereik. Die studie was daarop gemik om ondersoek in te stel waarom Tygerberg Hospitaal nie voldoen het aan die implementering van die Indiensneming Gelykheids Wet No 55 van 1998 nie, spesifiek met betrekking tot die veld van Dieetkunde. Vrae in die navorsing was geformuleer, gebasseer op literature wat rigtinggewende wetgewing en beleid insluit. Werwing en seleksie prosesse van toepassing in die Dieetkunde Departement was ontleed en gekoppel aan die toepaslike literatuur. Die rol van transformasie in die transformering van die inrigting het deel uitgemaak van die studie om die omvang van transformasie te bepaal, rakende die bestuur van diversiteit binne Tygerberg Hospitaal. ‘n Kombinasie van data versameling metodes was in die studie gebruik. Dit het onderhoude en vraelyste ingesluit om die onderliggende redes vir nie-nakoming te verstaan. Die fundamentele bevindinge van die studie het getoon dat ongeag die feit dat beleid en wetgewing geformuleer was, daar onderliggende aspekte was wat by die inrigting aangespreek moet word, soos taal-hindernisse en persoonlike persepsie oor die inrigting en wat gevolglik verbeter kan word by wyse van ‘n effektiewe uiteenlopende bestuursstrategie. Dit word aanbeveel dat die inrigting navore moet kom met ‘n kort-termyn en meetbare plan ter versekering van ‘n institusionele billikheidsindiensneming plan, die indiensneming van ‘n Transformasie Beampte wat sal fokus op bestuur van die inrigting se diversiteit en ‘n interne eenheid om die vermoë van die inrigting se opleiding en ontwikkeling uit te voer in teenstelling met die huidige sisteem. Om monitoring en evaluasie van billike indiensneming te verseker, word dit aanbeveel dat dié verantwoordelikheid gekoppel word aan die werkverrigtingsplan van Senior Bestuurders asook dié van Lynbestuurders van die Dieetkundige Departement. Mislukking om hieraan te voldoen sal lei tot ‘n swak werkverrigting evaluering resultaat van die aangewese outoriteit. Voldoening hieraan sal afgedwing moet word deur departementele dissiplinêre prosedures.

This study attempted to determine if the theories of reasoned action (TRA) and planned behavior (TPB), as well as a relatively new construct called offender empathy, could help to predict the intentions of small business executives (SBEs) to comply with the employment provisions of the Americans with Disabilities Act (ADA) of 1990.