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.

no abstract available / Jurisprudence / M.A. (Spesialisering in Arbeidsreg)

An employee’s job performance does not necessarily decrease just because the employee gets older. But there is an anticipated correlation between reduced job performance and age with respect to certain job assignments. Along with an increased life expectancy in today’s society it’s important to promote equal opportunities regardless of age. The purpose of this thesis is to clarify under witch circumstances a dismissal due to insufficient work performance is justified. Furthermore this thesis purpose is to clarify how current legislation affects elderly’s position on the Swedish labour market when it comes to dismissal due to insufficient work performance. Even though Swedish and EU provision protect senior employees rights to some extent, there are still gaps in the legislation that can disfavour elderly´s possibilities to maintain their employment. In order to answer the research questions at issue a traditional legal dogmatic method is applied in combination with a sociological law perspective.

No description available.

This thesis examines how the Swedish Act On Support and Service to Certain Impaired persons (LSS) has given rise to substantial opportunities for people with disabilities to participate in society and to live under the same conditions as all other citizens. These objectives have in turn created a new profession, personal assistants, who work daily to transform the words of diversity and community participation into practice. The terms of employment of this new category of workers appear in diverse way both when it comes to the scope of their working tasks, as well as the employment protection especially for workers in the private sector. Because of the discrepancies that exist against the Swedish Employment Protection Act (LAS) and the rich variety that characterizes the performance of work, this inquiry aims therefore to seek to investigate to what extent an employee can be dismissed in relation to the LSS-right to personal assistance as well as how this can be understood from the impaired persons point of view. Initially, a legal scientific method is used to seek answers in this area. A sociological approach has also been applied to complete the parts where laws and other traditional sources of law have not been able to provide satisfactory answers. The findings that conclude this investigation claim that the perceived uncertainty of the tasks as well as the discrepant employment protection is maintained through the continuous link to the LSS-legislation.   Key words: LSS, private sector, dismissal, employment protection, the impaired person’s attitude towards the personal assistant

Notice of termination of employment in selected EU member states The aim of this thesis is comparison of legal regulation of the notice of termination of employment in three legal systems within the EU: Slovak, English and Swedish. The thesis deals with the notices of employers and in the conclusion it contains comparison and evaluation of the legal systems. The thesis comprises four chapters. The first chapter deals with international and european legal regulation of employment termination, in particular regulation of notice of termination. The chapter contains description of international treaties and conventions concluded mainly within International Labour Organisation as well as european legal regulations and directives dealing with this matter. The second chapter deals with the Slovak regulation. At the beginning, it starts with general description of employment termination, it continues with the general requirements on notice and notice period. In the next part, the chapter describes specific notice reasons, special duties of the employer during the termination of employment and ban on the dismissal for protected groups of employees. The final part of the chapter focuses on the remedies of an employee in the case the notice of termination is declared invalid. The third chapter contains the...

D.Phil. / Prior to the democratic elections in 1994, South Africa had a "captive" market. There were regulations that were specifically designed to protect South African organisations. There were various tariffs and taxes imposed on foreign organisations that did business in South Africa. After the democratic elections, South Africa introduced market reforms that resulted in the country being part of globalization. The globalization process brought about significant changes. South African organisations had an opportunity to expand their business opportunities, but at the same time they were faced with competition from other organisations from different parts of the world ...

The purpose of this research was to examine counselor educators’ perceptions of the gatekeeping process. To fulfill this purpose, a qualitative methodology using grounded theory procedures was utilized. Eight counselor educators participated in three rounds of individualinterviews. These counselor educators were located in the south-east region of the United States and had five or more years of experience teaching in CACREP-accredited graduate programs. Initial interviews occurred face-to-face and follow-up interviews were conducted via electronic mail. Initial face-to-face interviews were audio taped and transcribed for the purpose of data analysis. Electronic mail interviews were printed for analysis purposes. For each round of individual interviews, coding procedures were utilized to identify emergent themes. Emergent themes were organized in four general categories: pre-admission screening phase, postadmission screening phase, remediation plan phase, and remediation outcome phase. Additionally, two interwoven themes emerged related to each gatekeeping phase: support and cultural sensitivity. Verification procedures are discussed and methods to address potential limitations are presented. Implications for counselor educators, counselor education programs, related educational programs, CACREP, and ACA are highlighted. Finally, suggestions for further research are offered.

Protection of employees in the event of a change of employer in Serbia was first regulated by the Labour Act (2005). This was a result of the harmonization of Serbian legislation with Council Directive 2001/23/EC, while the effect of the European Court of Justice jurisprudence was negligible. Protection is guaranteed regardless of whether the company identity has been preserved or not, thereby making it more favourable than the European concept of transfer of undertaking. Nevertheless, the relevant provisions of the Labour Act have often been evaded in practice, especially when it comes to the application of the principle of preservation of employment. This was facilitated by the content of certain legal provisions. There is a notable need for their improvements, in order to enable employees to continue to work for the transferee under the same working conditions and be protected from dismissals exclusively or predominantly motivated by the change of employer.

O direito ao trabalho e a proteção jurídica contra a dispensa imotivada constituem categoria de interesse nos mais diversificados estudos que integram a ciência jurídica laboral e o direito constitucional contemporâneo, e vem sendo abordado com objetivos de compreensão e identificação de caminhos que possibilitem sua existência com eficiência e eficácia. Constituindo interesse jurídico de expressão social, estes dois institutos são tratados nesta tese de forma interdependente e conexa, e se aliam ao conjunto jurídico disponível no ordenamento brasileiro para novos comportamentos e redefinição de conceitos essenciais ao Direito e ao Direito do Trabalho. Esta tese propõe um aprofundamento sobre a temática de proteção e valoração do trabalho, e do direito a trabalhar, com enfoque sobre a busca de uma efetividade para o artigo 7º, I, da Constituição Federal, que ao longo de mais de duas décadas permanece inerte e vago no plano do direito laboral, concentrando uma feição econômica superdimensionada que persiste sobre o término dos contratos de trabalho. Questiona o poder potestativo ilimitado adotando uma inserção e compreensão conceitual, a partir da teoria do abuso do direito, e com indexação dos princípios de justiça social inseridos na Carta constitucional brasileira. Registra novos caminhos que valorizam a dignidade do trabalhador buscando requisito de reequilíbrio e igualdade entre os sujeitos do contrato de trabalho. Dimensiona novos comportamentos jurídicos que prescindem a espera legislativa, renovando e rediscutindo conceitos que resgatam a relação entre fato social, realidade e norma. Enfim, busca reacender a centralidade da proteção sobre a dispensa imotivada num contexto de garantia fundamental, e dentro de uma sociedade jurídica e jurisdicional que tem papel fundamental sobre as agonias sociais que se resvalaram sobre sociedade do trabalho. / Labor work and judicial protection against dismissal without cause establish a field of interest in various and diverse types of studies, which complement the labor judicial science and the contemporary constitutional law, and have been approached with aims at understanding and identifying ways which may bring them up with efficiency and efficacy. Complementing judicial interest of social expression, both these institutes are discussed in this thesis interdependently and connectedly, and join the judicial set available in the Brazilian ordering for new behaviors and essential concept definitions to Law and Labor Work. This thesis suggests going deeper into the theme on work protection and valuation, and on labor rights, focusing on a search for bringing into effect Article 7, I, from the Federal Constitution, which has been untouched and uncertain for over two decades in the labor work plain, centralizing an oversized economical dimension which persists over the work contract termination. It questions the unlimited dismissing power adopting a conceptual insertion and comprehension, from the abuse of right, attaching principles of social justice inserted in the Brazilian constitutional Charter. It records new paths, which value the workers dignity, searching for balance and equality requirements among those mentioned in the work contract. It opens up new judicial behaviors, which decline the legislative waiting, renewing and going back on the concepts that redeem the relation between social fact, reality and norm. It, then, tries to reignite the protection centrality over the dismissal without cause in a context of fundamental guarantee, and within a judicial and jurisdictional society whose role over the social sufferings, which slide into work society, is fundamental.