Thesis (LLM. (Labour Laws)) -- University of Limpopo, 2022 / This dissertation presents a legal analysis of the effectiveness of arbitration process in unfair dismissal dispute with a particular emphasis on South Africa. The use of arbitration process in resolving unfair dismissal dispute is influenced by its efficiency, accessibility and flexibility. In South Africa, arbitration process is employed by the CCMA that was established to encourage effective labour dispute. A central problem that the CCMA encounter which affects its effectiveness is the high number of unfair dismissal disputes referred for arbitration process. According to the legal research offered in this dissertation, the number of unjust dismissal disputes brought to arbitration process continue to rise every year. As a result, the CCMA is swamped by these referrals, which affects its effectiveness. According to the findings, the arbitration process is now widely used around the world to resolve unfair dismissal disputes. The extent to which the arbitration process is adopted to resolve unfair dismissal dispute varies from country to country and is guided by legislation. As a result, it has been discovered that the CCMA may benefit from the ACAS’s arbitration process strengths from the United Kingdom as well as Namibia’s arbitration process strengths. The United Kingdom results show that ACAS is able to resolve a higher proportion of unfair dismissal dispute through conciliation rather than arbitration, which reduces the number of referrals from the arbitration process. In Namibia, if parties to unfair dismissal dispute want to refer an unfair dismissal dispute for arbitration process it must be done by mutual agreement between the parties except in exceptional circumstances. All this mode of operation between United Kingdom and Namibia when resolving unfair dismissal disputes hinder high referral rate from the arbitration process. This dissertation concludes with recommendations arising from policy making that promotes the effectiveness of the arbitration process and limiting the abuse of the process.

and key words Abstract This diploma thesis is a contribution to the mapping of the issue of involuntary employee departures from organizations with an emphasis on the aspect of dismissal organizations and the dismissal individual. Thematically, the work is divided into theoretical and empirical part. The theoretical part deals with issues related to the nature of work and the importance of work in human life. It clarifies the traditional motives that encourage a person to perform a paid work in order to better understand the consequences of its loss. It provides insight into the legislative framework of employment termination with focus on the types of termination, which in fact represent dismissals. These data are followed by text that introduces the reasons for which the employee can be dismissed, since these reasons play an important role in next phases of dismissal. Since the dismissal of workers (although it may have positive benefits for the organization) is less popular HR activity among the performers and it could be very traumatic for leaving employees, it is common to prevent it by HR planning or through incentives for voluntary departures. These potentialities are characterized more in detail in next passage. The role of the Human Resources department and senior staff during dismissals...

A substantial number of employees in South Africa may soon be out of work as the result of their HIV-positive status. The dismissal of an infected employee may be motivated by the fact that he is considered to be incompetent or incapable of doing the work for which he was employed. Customers and fellow employees may refuse to deal with an infected employee, with the result that the employee is dismissed for economic reasons. The nature of the undertaking's activities may be such that the presence of an infected employee constitutes a health risk. For the purposes of carrying out his duty to create and maintain safe working conditions, the employer dismisses the employee. The employer may even force the infected employee to resign. Measures should be taken to improve the situation of infected employees. They include educating employers and employees about the transmission of the human immunodeficiency virus. / Mercentile Law / LL. M.

A substantial number of employees in South Africa may soon be out of work as the result of their HIV-positive status. The dismissal of an infected employee may be motivated by the fact that he is considered to be incompetent or incapable of doing the work for which he was employed. Customers and fellow employees may refuse to deal with an infected employee, with the result that the employee is dismissed for economic reasons. The nature of the undertaking's activities may be such that the presence of an infected employee constitutes a health risk. For the purposes of carrying out his duty to create and maintain safe working conditions, the employer dismisses the employee. The employer may even force the infected employee to resign. Measures should be taken to improve the situation of infected employees. They include educating employers and employees about the transmission of the human immunodeficiency virus. / Mercentile Law / LL. M.

Text in Afrikaans / Werknemers is benewens sekere hoogs uitsonderlike gevalle altyd voor ontslag op substantiewe - en prosessuele billikheid geregtig, hetsy in 'n individuele ofkollektiewe verband. Prosessuele billikheid in besonder het 'n inherente waarde, o.a. omdat die uiteinde van 'n proses nie voorspel kan word nie. Die werkgewer word ook daardeur in staat gestel om die feite te bekom, en arbeidsvrede word daardeur gehandhaaf. Van verdere belang vir prosessuele billikheid is die nakoming van eie of ooreengekome prosedures, die beskikbaarstelling van genoegsame inligting, voorafkennisgewing en bona fide optrede deur die werkgewer. Die primere remedie in die geval van 'n onbillike ontslag is herindiensstelling, alhoewel herindiensstelling nie in die geval van 'n prosessuele onbillike ontslag beveel behoort te word nie. Die riglyne soos in die verlede deur die howe en arbiters ontwikkel is grootliks in die Konsepwet op Arbeids= verhoudinge, soos bevestig in die Wet op Arbeidsverhoudinge, 1995, gekodifiseer. / Prior to dismissal employees are always entitled to substantive - and procedural fairness, be it in an individual or a collective context, subject to highly exceptional circumstances. Procedural fairness in particular has an inherent value, inter alia because the outcome of a process cannot be predicted. The employer also thereby establishes the facts and by conducting a process, labour peace is promoted. Also of importance for procedural fairness is adherance to own or agreed procedures, providing the employee with sufficient information, prior notification and bona fide conduct by the employer. The primary remedy in the case of an unfair dismissal is reinstatement, though reinstatement should not follow in the case of a dismissal which is (only) procedurally unfair. The guidelines as developed by the courts and arbitrators have largely been codified in the Draft Labour Relations Bill, as subsequently confirmed in the Labour Relations Act, 1995. / Mercentile Law / LL. M.

Thesis (LLM) -- Stellenbosch University, 1992. / Includes bibliography / ENGLISH ABSTRACT: The central concern of this thesis is retrenchment. It begins with an overview of the law concerning dismissal whereafter the general position relating to retrenchment and the guidelines of the Industrial Court in that regard, are discussed. Reference is also made to retrenchment on the grounds of insolvency, closure and merger of companies. The legal position in South Africa is compared with that in Dutch labour law, with the purpose of the determining which of the two systems offer the best protection to employees faced with retrenchment. Two criteria were applied, ie that of ,~srtainty of law and the level of protection offered by the law. The differences between the two systems are substantial. While South Africa has a common law system, the Dutch have a civil law system. A second difference is the fact that in the Netherlands there exists a very strong state intervention in employment affairs to a far larger degree than in South Africa. Dutch dismissal law can be called preventive and pro-active, while the South African law appears to be largely re-active. The general conclusion is that workers' ri9hts in the event of retrenchment are more secure in Dutch labour law, and that the Dutch system offers a useful point of reference for reform of the South African position. / DUTCH OPSOMMING: Het centrale onderwerp in deze thesis is retrenchment. Alvorens hier op in te gaan is eerst een overzicht gegeven van de relevante arbeidswetten en het ontslagrecht in het algemeen. We hebben gekeken naar de diverse omstandigheden waarin retrenchment zoal voorkomt. Ondermeer is ingegaan op de omstandigheden rondom sluiting, faillissement en fusie van tedrijven. Verder zijn de diverse richtlijnen voer retrenchment en de rol van de Industrial Court ter sprake gekomen. Om een en ander in perspectief te plaatsen is voorts een vergelijking gemaakt met Nederland. De bedoeling is om te kijken naar welk systeem betere waarborgen biedt voar de werknemer. Hiertoe zijn twee criteria gesteld. Deze zijn de mate van rechtszekerheid en de mate van r~chtsbescherming. De geconstateerde verschillen zijn behoorlijk. Als eerste is het juridisch systeem al verschillend. Zuid-Afrika kent een gemene rechtssysteem en Nederland een burgerlijk rechtssysteem. Een tweede verschil is dat i.n Nederland sprake is van een actieve staatsinterventie. In Nederland kan men spreken van een prefentief ontslagrecht, terwijl in Zuid-Afrika gesproken kan worden van repressief ontslagrecht. De conclusie die uiteindelijk getrokken is, is dat het Nederlandse systeern betere waarborgen biedt voor de werknemer.

Xiao, Rui. / "August 2010." / Thesis (M.Phil.)--Chinese University of Hong Kong, 2010. / Includes bibliographical references (leaves 28-30). / Abstracts in English and Chinese. / Abstract --- p.i / 摘要 --- p.ii / ACKNOWLEDGMENTS --- p.iii / Chapter 1. --- Introduction --- p.1 / Chapter 2. --- Literature Review --- p.2 / Chapter 3. --- Research Hypothesis --- p.5 / Chapter 3.1 --- Institutional Background --- p.5 / Chapter 3.2 --- Hypothesis Development --- p.6 / Chapter 3.2.1 --- Firm Performance and Outside Succession --- p.6 / Chapter 3.2.2 --- Board Composition and Outside Succession --- p.6 / Chapter 3.2.3 --- Predecessor Characteristics and Outside Succession --- p.7 / Chapter 3.2.4 --- Successor Characteristics and Outside Succession --- p.7 / Chapter 3 2 --- 5 Performance Consequences and the Source of Successor --- p.9 / Chapter 4. --- Methodology --- p.9 / Chapter 4.1 --- Measurement --- p.9 / Chapter 4.2 --- Bivariate Probit with Sample Selection --- p.11 / Chapter 4.3 --- Event Study --- p.13 / Chapter 5. --- Data --- p.15 / Chapter 5.1 --- Sample Selection and Data Sources --- p.15 / Chapter 5.2 --- Descriptive Statistics --- p.16 / Chapter 6. --- Empirical Results --- p.17 / Chapter 6.1 --- The Determinants of Outside Succession --- p.17 / Chapter 6.1.1 --- Univariate Tests of Outside Succession and Firm Performance --- p.17 / Chapter 6.1.2 --- Univariate Tests of Outside Succession and Board Composition --- p.18 / Chapter 6.1.3 --- Univariate Tests of Outside Succession and Predecessor Characteristics --- p.18 / Chapter 6.1.4 --- Regression Results --- p.18 / Chapter 6.2 --- Outside Succession and Successor Characteristics --- p.21 / Chapter 6.2.1 --- Univariate Tests --- p.21 / Chapter 6.2.2 --- Regression Results --- p.21 / Chapter 6.3 --- Market Reaction and CEO Succession --- p.22 / Chapter 6.4 --- Post-turnover Performance and Outside Succession --- p.23 / Chapter 6.5 --- Robustness Tests --- p.26 / Chapter 7. --- Conclusion --- p.26 / Reference --- p.28 / Table 1. The Percentage of CEO Outside Succession during the Sample Period …… --- p.31 / Figure 1. CEO Turnover and Outside Succession in Each Year --- p.32 / Figure 2. Outside Succession Rate in the Turnover Sample --- p.32 / Table 2. Literature Summary of Outside Succession --- p.33 / Table 3. Descriptive Statistics of Variables --- p.34 / Table 4. Outside Succession Rates at Different Performance Levels --- p.36 / Table 5. Relation between Outside Succession Rates and Board Composition --- p.37 / Table 6. Relation between Outside Succession Rates and CEO Predecessor Characteristics --- p.38 / Table 7. Outside Successions Regression Results --- p.39 / Table 8. CEO Successor Characteristics --- p.41 / Table 9. Regression Results of the CEO Successor Characteristics --- p.42 / Table 10. Cumulative Abnormal Returns around the Announcement of CEO

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012

Darbe nagrinėjami apsaugos nuo nepagrįsto atleidimo iš darbo klausimai. Tema nėra nauja, tačiau nepakankamai išsamiai nagrinėta. Apsaugos nuo nepagrįsto atleidimo iš darbo analizei teisinėje literatūroje skiriamas nepakankamas dėmesys. Siekiant įrodyti iškeltą hipotezę, kad Lietuvos teisės aktai, reglamentuojantys apsaugą nuo nepagrįsto atleidimo iš darbo, atitinka tarptautinius standartus, analizuojamos tarptautinės ir nacionalinės apsaugos nuo nepagrįsto atleidimo iš darbo teisės normos. / There are researched questions of protection from unjustified dismissal in this work. This theme is not new, but it is not properly studied. There is given too little attention for analysis of protection from unjustified dismissal in law literature. In pursuance of hypothesis, that Lithuanian law, which regulate protection from unjustified dismissal, are parallel to international standards; there are analyzed international and national law standards for protection from unjustified dismissal. In the first part of work there is analyzed conception of unjustified dismissal, which is consolidated in International Law Organization, Europe Union as international regional organization and national law acts. After accomplishing of law analysis of standard acts it is concluded, that there is not given definition of unjustified dismissal in the researched international and national law acts. Legitimacy of dismissal is related with criteria of important reasons. In the second part of work there is discussed and by comparative aspect analyzed measures of protection from unjustified dismissal, which are consolidated in international and Europe Union member states national law acts. In the third part generalised the practice of Lithuanian Highest Court in cases of unjustified dismissal. There is given the interpretation of Labour Code of Lithuanian law standards by Lithuanian Highest Court, because judiciary practice is promoting application of fair and equal law standards. Also reviewing... [to full text]

Thesis (MA(Industrial Psychology))--University of Stellenbosch, 2007. / Increased globalisation and competition have implications for organisational renewal and change and increasingly cost cutting, by retrenching employees, is part of the search for competitive advantage and sustainability. Within the South African context, retrenchments are no exception. The study explored the experiences of those who are tasked with the role of implementing the retrenchment, the so-called retrenchment implementers. Despite implementers being key to ensuring organisational success and profitability in the aftermath of retrenchment, research on their experiences is limited not only internationally, but also locally. The study was conducted amongst participants employed at various South African organisations. Qualitative data was obtained via semi-structured interviews with the implementers of retrenchments. Following content analysis, three key themes emerged: implementers’ experiences of procedural aspects as per s189 and s189A of the Labour Relations Act 66, of 1995 (as amended); implementers’ personal experiences of performing the retrenchment act and organisational and personal enabling strategies to assist with preparing implementers for the retrenchment task. Results indicate mixed responses in terms of complying with the relevant legislation. Insofar as their personal experiences are concerned, results indicate that while some implementers had found ways to adjust to their managerial function of implementing retrenchments, others experienced discomfort with their role, suffering from amongst others guilt and feelings of responsibility, role conflict, role overload, decreased emotional well being, a sense of isolation, negative self-perceptions and feelings of job insecurity. In the majority of cases, implementers experienced limited organisational emotional support and assistance in dealing with their emotions during the retrenchment conversation. These results support the limited non-South African literature. The results from the present study also added insight into the ways in which implementers are personally prepared for their role as well as ways in which organisations can assist them emotionally for their task.