Thesis (LLM) --University of Limpopo, 2010 / Refer to document

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M.Com. (Human Resource Management) / Studies clearly show that workers experience trauma when organizations rationalise. These traumatic experiences are found to be primarily due to the uncertainty of what will happen to workers and the impact rationalisation could have on their job security. This has led to the assumption that rationalisation is inevitably traumatic. This study is aimed at dispelling this assumption as a myth. The view is taken that human and organizational behavior is complex, in that a variety of interactions between management and workers is not only possible, but does in fact occur in organizations today. This study considers various approaches organizations follow in dealing with workers during a rationalisation program. This study also investigates the experiences of workers who have actually lost their jobs. The results indicate beyond doubt that the experiences of trauma associated with rationalisation programmes are strongly related to the approaches adopted by management during such programmeso Worker trauma is therefore not a condition of rationalisation, but rather the result of a particular approach followed by management. The results of this study could have a profound effect on how organizations approach rationalisation. The benefits of a reduction in industrial and legal action due the approach adopted by management during rationalisation, is obvious. What is less obvious, but possibly more important however, is the level of loyalty and work performance of those workers remaining in the service of the organization. Studies have demonstrated the devastating impact of an unsatisfactory approach followed by management during rationalisation, on the work performance and loyalty towards the company of remaining workers. In order to succeed or survive, organizations must continually adjust to an everchanging environment. This would no doubt include the need for an effective rationalisation program...

Magister Legum - LLM

Thesis (LLM. (Labour Laws)) -- University of Limpopo, 2022 / This study discusses a legal analysis of incompatibility as a ground for dismissal in the South African labour law. Incompatibility refers to the inability of an employee to maintain a harmonious relationship with his or her employer, or unable to adapt to the corporate culture of the workplace. The corporate culture is associated with the values, beliefs and behaviour to determine how employees interact with each other in the workplace. Therefore, in cases where the employer contemplates dismissing an employee on the ground of incompatibility, procedural fairness and substantive fairness should be implemented in order for the employer/s to make informed decision and ensure that the dismissal of such an employee is effected in accordance with the procedural and substantive fairness couched in the Labour Relations Act 66 of 1995 („the LRA‟). Section 23 of the Constitution of the Republic of South Africa, 1996 provides broadly the right of everyone to fair labour practices. Consequently, the LRA was established to give effect to this constitutional provision. In terms of section 185 of the LRA everyone has the right not to be unfairly dismissed. Be that as it may, incompatibility is not clearly defined in section 188 of the LRA. In fact, there are no guidelines nor corrective measures implemented in the workplace to deal with incompatibility. Hence incompatibility is dealt with under dismissal based on incapacity. In most cases employers use their discretion in dismissing employees, thereby using improper procedure to end disharmony in the workplace. In summation, the central thesis of this study focuses on a legal analysis of incompatibility as a ground for dismissal in the South African labour law.

Procedural justice is applied to layoffs to study the effects of layoffs on survivors. Procedural norms, developed as components of procedural justice, are applied to develop two different layoff procedures, merit and random. The hypotheses come from this application as moderated by the individual's self-perception. Low performers prefer a procedural equality layoff, while high performers demonstrate no clear preference for either layoff procedure. When given the opportunity to choose a layoff procedure, the subjects having control over the layoff procedure to be used were no more satisfied with the process than those who had no control. Performance equity (merit) layoff. Subjects in this condition decreased performance, while the subjects in the other layoff conditions maintained performance levels.

The purpose of this study was to examine the perceptions of teacher tenure and the Fair Dismissal Act by selected administrators in Georgia. Variables were measured using a survey instrument improvised from a dissertation by Lawrence Wess. Superintendents and elementary principals in the State of Georgia were selected from a purposely random sampling method to complete a survey regarding their perceptions toward tenure and the Fair Dismissal Act. Forty-one percent (58) of survey respondents were superintendents and 59% (84) were principal respondents. The responses were analyzed in order to answer the research questions. Nine research questions were reflected and addressed through nine Hypotheses using the Pearson Correlation, ANOVA, and t-test. Some of the study's major findings were: • There was a significant relationship between administrators perceived value of tenure and their level of difficulties in discipline. • There were significant differences in principals and superintendents in regards to their experience with dismissal actions and their years of experience. • Survey responses showed that tenure does not seem to impact teacher's willingness to remain in a district. • There was no significant difference between male and female principals in their perception of the value of tenure. The study concluded with several recommendations drawn from the findings.

Dissertation submitted to the Faculty of Arts, University of the Witwatersrand, Johannesburg, in partial fulfilment for the degree of Master of Arts (Industrial Psychology) Johannesburg 1995 / The present research investigates the experience of involuntary job loss in a sample of white-collar workers. In addition, their perceptions of', and attitudes towards a preventive intervention, namely, outplacement, is explored. A review of the current literature on job loss and secondary formal interventions is discussed, which provides the basis for the present study. Findings support previous research, in addition to raising certain issues and providing suggestions which result in an expansion of present knowledge with regard to Outplacement. / MT2017

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

Thesis (M.Law (Labour Law)) --University of Limpopo, 2012 / This research is titled ‘Compensation as a remedy for unfair dismissal, a comparison of South African and Australian labour law’. The Australian labour law systems and structures share some important features with South African labour law jurisprudence pertaining to the awarding of compensation as a remedy to unfairly dismissed employees. Some of these important features include the method of calculating compensation and the existence of a compensation cap. The research sets out, amongst other things guidelines or directives to be followed by adjudicators of unfair dismissal dispute in South Africa when awarding compensation, and highlight comparative analysis of South African and Australian labour law approach on compensation as a remedy for unfair dismissal.