This thesis examines the impact of individual employment protection legislation on the employment relationship in the hotel and catering industry (HeI), exactly the type of industry whose workers the employment law was intended to protect. It begins \\-ith a review of the potential effects of employment legislation on the employment relationship. It then analyses and evaluates the practical effects of individual employment legislation in hotels and catering from relevant case law. and the workings of the Industrial Tribunal system, identifying that unfair dismissal is the most important aspect. In order to ask to what extent dismissal law constrains the managerial prerogative, in the light of recent socio-economic and legal changes, employer experience of, and attitudes to existing employment rights and the Industrial Tribunal system are assessed. This is achieved by means of a postal questionnaire to employers in the industry. This is then augmented by follow-up semi-structured interviews with the employers. The legislation was found to have more effect on employer behaviour than is apparent prima facie. The ways in which many employers seek to circumvent the provisions of the law provides evidence of this. The high rate of dismissal in the industry shows, however, that employers are not constrained from using dismissal. Rather, the manner of making dismissals is more formalised due to the threat of tribunal actions. The actual incidence of dismissal could well be far higher since it appeared that some employers did not regard the termination of employment of an employee without the service qualitication as a dismissal. Tribunal actions themselves are quite uncommon, given the high incidence of dismissal. The low success rate for employers at tribunals, and the acknowledgement by employers that procedural requirements were often not met during disciplinary matters, suggests that arbitrary management practice is still widespread.

In Illinois, school boards that initiate dismissal proceedings against a tenured teacher without a clear understanding of teacher dismissal case law risk the possibility that an underperforming teacher could be reinstated to a teaching position. The purpose of this study was to examine the history, frequency, and legal basis of tenured teacher dismissals in Illinois for the period from 1990 through 2008 in an effort to identify, through quantitative (frequency counts) and qualitative (content analysis) methods, trends and/or patterns in tenured teacher dismissal hearing officer decisions and appellate court cases. The study was a replication, in part, of Paul W. Thurston's 1990 study of tenured teacher dismissal in Illinois. During the period from 1990 through 2008, 62 Illinois school districts dismissed 219 tenured teachers. Of the 219 dismissal cases, hearing officers upheld 142 dismissals (65%) and overturned 77 dismissals (35%). Dismissal cases generally fell into seven distinct categories: insubordination/absence, drug/alcohol misconduct, personal misconduct, sexual misconduct, physical abuse, incompetency, and lack of qualification to teach. Hearing officers tended to uphold a teacher's dismissal if the teacher had been previously warned and/or if the teacher's misconduct had done damage to students or the school. Hearing officers tended to overturn a teacher's dismissal if the school district failed to follow district and/or legal procedures and/or if the district failed to prove the charges against the teacher at hearing. In conclusion, school districts that are willing to accept the time and financial responsibility of dismissing a tenured teacher can effectively do so for certain insubordination, drug/alcohol misconduct, personal misconduct, sexual misconduct, physical abuse, and incompetence offenses. School districts must prove that the teacher's misconduct has done damage to students or the school, and the district should, when possible, issue a warning before attempting dismissal proceedings. School districts must also strictly comply with both district and legal procedures when dismissing a tenured teacher.

This thesis deals with the redundancy of employees and then providing outplacement services. The aim is to understand and analyze the services of outplacement provided by consulting organization Tres Consulting, Ltd. The work is divided into three parts. The first part describes the theoretical background to the planning of human resources, the possibility of redundancy and subsequent assistance to redundant employees. The second part consists of research of EQUAL association focused on knowledge of the concept outplacement in Prague and Usti nad Labem. The third part of the thesis is an interview at Tres consulting company. Topics are continually commented and evaluated during this interview.

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

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2022 / This study examines the relationship between automatic unfair dismissal under Section 187(1)(c) of the Labour Relations Act,1 and dismissal for operational reasons under Section 189 of the LRA. Dismissal is automatically unfair if the reason for dismissal is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer and this is according to Section 187(1)(c) of the LRA Employees have the right to refuse the new terms and conditions of employment, and they cannot be dismissed for doing so. However, if the employer’s business is in decline and thus causes financially loss to the employer, the employer may change the operation of the employment in order to sustain the employment. The employer must initiate consultation process (collective bargaining) with the employees' representatives in order to reach an agreement that protects both the employer's and the employees' interests. To avoid retrenchment, the employer and the employees’ representatives through collective bargaining have to agree to new conditions of the employment and should the parties agree on the new conditions of the employment this will automatically set aside the terms and conditions of the employment contract. In K Ngubane v NTE Limited, 2 “the court observed and noted that the requirement is that the old contract of employment must be terminated with the purpose of inducing acceptance of a demand or proposal, or the employer can simultaneously terminate the contract of employment and give the employee his/her final offer”. Before resorting to dismissal, the employer must exhaust all the alternatives available to him and this could include, inter alia, change of job descriptions since this will not have adverse financial consequences for the workers. If the employees refuse to accept the demands of the employer that were aimed to avoid retrenchments for operational reasons, the employer may dismiss them in accordance with the provisions of section

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

LL.M. (Labour Law) / Please refer to full text to view abstract

Magister Philosophiae - MPhil / The right to fair dismissal in South Africa is prescribed in the Labour Relation Act 66 of 1995 as amended. Employees may only be dismissed on grounds of misconduct, incapacity and operational requirements. The requirements for dismissal of employees based on misconduct and incapacity are further addressed in Schedule 8 to the LRA, the Code of Good Practice: Dismissal. Dismissal for misconduct needs to be fair in terms of both procedure and substance. Procedural fairness generally involves holding a disciplinary hearing before dismissing an employee. In terms of the South African Public Service Act 103 of 1994 as amended, an employee who absents him-/herself from official duties without permission of his or her head of department, office or institution for a period exceeding one calendar month is deemed dismissed by operation of law. Employees dismissed as such by operation of law in terms of the PSA are therefore not afforded the right to appear in the disciplinary hearing as provided for in the LRA. South African courts have dealt with a number of cases relating to dismissal by operation of law in the public service. Some of the employees dismissed were reinstated by the courts. Reasons for reinstatement included failing to meet the jurisdictional requirements before invoking dismissal by operation of law. The research will attempt to clarify the substantive and procedural steps required to render a dismissal by operation of law in terms of the PSA fair in South Africa.

The subject of the present treatise concerns termination of employment contracts that are effected as a result of an employee’s incapacity on the grounds of ill-health or injury. Every employee has the right not to be dismissed unfairly. The Labour Relations Act, 1995 recognises three grounds on which termination of employment might be legitimate. These include the conduct of the employee, the capacity of the employee and the operational requirements of the employer’s business. However, fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. The Incapacity Code and Procedure in respect of Ill-health or Injury applicable to Educators is contained in Schedule 1 to the Employment of Educators Act, 1998. In addition there are collective agreements which are the products of collective bargaining that are also applicable to all categories of employees employed in the public education sector. Notably, PSCBC Resolution 7 of 2000 forms part of the subject of our discussion. The Department of Education determined the use of independent Health-risk Managers to provide advice on the management of incapacity leave and ill-health retirement, thereby ensuring objective and impartial evaluation which are largely acceptable to employees and their labour representatives. This is the Policy and Procedure on Incapacity Leave and Ill-Health Retirement in the Public Service. The appointed Health-risk Managers make recommendations to the Head of Department who thereafter implement the recommendations and deal with issues of a case to absolute finality. More importantly, the Policy and Procedure for incapacity leave and ill-health retirement in the Public Service is issued in terms of legislation, that is, section 3(3) of the Public Service Act, 1994 and therefore is not a collective agreement. Under the circumstances, it is not always easy to determine a real dispute and an issue in dispute. Because of this uncertainty arbitrators often found that bargaining councils have no jurisdiction to entertain these disputes, while on the other hand some arbitrators opined that bargaining councils do have jurisdiction In this treatise the general principles of the employment contract, the legislative framework applicable in the public education sector in determining an application for temporary incapacity leave and ill-health retirement and procedural and substantive issues in the termination of employment contract due to ill-health are considered and explained. The legal questions around the issue of discretion exercised by the Head of Department in granting or declining applications for ill-health are also examined. The primary aim of the treatise is to provide a clear exposition of the rather complicated law relating to incapacity due to ill-health and injury in public education.

The teacher dismissal process is of critical importance to educators involved in both administrative and teaching positions. The legal prerequisites, opinions, and cases have been frequently reviewed and presented in countless studies. This study was designed to examine the dismissal process from the perspective(s) of the participants involved in the procedure. The study investigated the question: Do commonalities exist surrounding the circumstances and personalities involved in teacher dismissal proceedings during the school years 1987-88, 1988-89, or 1989-90? The study consists of ten field studies randomly selected from Virginia school divisions indicating a teacher dismissal during the period school years 1987-90. Field interviews were conducted to develop each of the ten case studies. The data were analyzed in two ways. First, like job participants were compared across case studies to identify commonalities during their involvement in the teacher dismissal process. Secondly, a profile of these commonalities was developed to show a typical pattern of circumstances and personalities involved in the teacher dismissal process. The study revealed that eight of the ten cases were based on issues outside of classroom instructional problems. Six of the ten teachers facing dismissal were ethnic minorities. Nine of the ten superintendents and all ten of the principals in the study did not hire the teacher facing dismissal in the cases. Finally, none of the teachers facing dismissal in the case studies was an active participant in a plan for improvement or a work plan. / Ed. D.