Thesis (Ph. D.)--University of Missouri-Columbia, 1996. / Typescript. Vita. Includes bibliographical references (leaves 112-119). Also available on the Internet.

Thesis (Ph. D.)--University of Missouri-Columbia, 1996. / Typescript. Vita. Includes bibliographical references (leaves 112-119). Also available on the Internet.

Thesis (M.Ed.)--Memorial University of Newfoundland, 1997. / Bibliography: leaves [122-125].

Thesis (Ph. D.)--University of Missouri-Columbia, 1998. / Typescript. Vita. Includes bibliographical references (leaves 94-101). Also available on the Internet.

Thesis (M. Hous. M.)--University of Hong Kong, 2006.

Thesis (Ph. D.)--University of Oregon, 2005. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 158-160). Also available for download via the World Wide Web; free to University of Oregon users.

Our employment law which originates from the common principles has in recent years undergone significant changes. Under common law the employers and employees capacity to regulate their relationship has always been limited. The recommendations of the Wiehahn Commission introduced amendments to the Labour Relations Act of 1956. The introduction of the unfair labour practice concept and the establishment of the Industrial Court was a direct consequence of the recommendation of the Wiehahn Commission. The Industrial Court together with the higher courts developed new principles regarding unfair labour practices. In the process, a wealth of unfair labour practice jurisprudence was developed by these courts. However, the unfair labour practice definition did not include dismissals. The coming into power of the democratic government played an important role in transforming our labour law system. After the Labour Relations Act 66 of 1995 was implemented on 11 November 1996, the old Labour Relations Act of 1956 was repealed. The law on retrenchment forms an integral part of our law of dismissals. The South African labour market has in the past years been characterised by restructuring and consequently retrenchment of employees. In most cases, employer’s decisions to retrench were challenged by the employees and unions in our courts. Section 189 of the Labour Relations Act of 1995 stipulates procedures to be followed by an employer when contemplating dismissal of one or more employees for reasons based on operational requirements. The employer does not only have to follow the procedures set out in section 189 to render dismissals for operational reasons fair, but there must also be a valid reason to dismiss. The courts have always not been willing to second-guess the employer’s decision to retrench provided that the decision is made in good faith. Whilst section 189 deals with small-scale retrenchments, section 189A applies to large-scale retrenchments. These are employers who employ more than 50 employees and who contemplate retrenchment of more than the number of employees provided for in section 189(1)(a) or (b). Section 189A also introduced a facilitation process to be conducted in terms of regulations made by the Minister of Labour. The amendments to section 189 should be seen as an attempt to tighten the procedural aspect of retrenchments. The new law on retrenchments is a product of tough negotiations between the social partners at NEDLAC in which compromises were reached. There are still certain areas of concern to both labour and business. In those areas in which uncertainty still exists, the courts will be required to provide some guidance.

Economies worldwide have become more integrated and competitive due to the phenomenon of globalisation and its antecedents, which are improved technological communication, the use of technology in production, ever improving management of skills as well as standards of education. Amongst the consequences have been changing demands and rising expectations in terms of employee remuneration, job security and conditions of work. This has at the same time been accompanied by employers expecting greater profit. Against this backdrop, this treatise seeks to interrogate and to explain the processes that should constitute fair, rational and justifiable employee dismissal for operational purposes. This is done bearing in mind the global economic crisis and its impact on employees. The treatise constitutes an attempt to carve a cushioning mechanism for employees in the midst of the global economic storm. We consider the inadequacies of common law principles. We also submit that section 189 in its present form and its application by courts do not provide for substantive fairness interrogation when dealing with dismissal for operational reasons. We explore the legislative framework, interpretation by leading academics as well as applications by courts of section 189A, which prescribes that if dismissal is based on operational reasons, consideration must not only be based on substantive and procedural fairness but also that proper consideration of alternatives must have been explored before dismissal is effected.

Previously, the Labour Relations Act made it compulsory for the employer to consult on appropriate measures to avoid, minimise and change the timing of dismissals, mitigate the adverse effect of the dismissals, the method for selecting the employees to be dismissed, and severance pay for the dismissed employees. The Labour Relations Act 66 of 1995 (LRA) specifies the steps that must be followed when they consider dismissing employees for reasons based on the operational requirements of their business. The necessary and appropriate steps to be followed for dismissal for operational reasons are contained in Section 189 of the LRA. Before an employer can start the retrenchment process, he/she is required by law to give a written notice inviting the other parties to consult and the employer must be prepared to disclose all relevant information. The new law that governs disclosure states that if an arbitrator or the Labour Court is required to decide whether or not information is relevant to the proposed retrenchments, the onus is on the employer to prove that any information that it refuses to disclose is not relevant for the purpose for which it is sought. It is also provided that if a consulting party makes any representation to the employer in writing, the employer must respond in writing. In terms of Section 189A (19) of the LRA clear guidance is given as to when will a fair reason be granted to dismiss for reasons based on operational requirements. This Section, further suggests that the Labour Court must ascertain that an employee was dismissed for a fair reason if: the dismissal was for requirements based on the employer's economic, technological, structural or similar needs; the dismissal was operationally justifiable on reasonable grounds; there was a proper consideration of other options to save job loses; and criteria used for selecting people for retrenchment were fair and objective. This is a much stricter test for substantive fairness than was previously applied. The aim of this study is to determine whether the retrenchment processes and procedures practiced in the motor manufacturing company in the Eastern Cape are compliant with the legislative framework. The company policy was examined against the literature available and the retrenchment processes of different authors were investigated. For the purpose of this study, the researcher used a structured self-administered questionnaire to collect data from the respondents. The questionnaire was delivered by hand to each respondent and collected later. The questionnaire was carefully designed considering the main components and aspects of dismissal for operational requirements as revealed in the theory. The results of the empirical study revealed that the company conducts fair and proper retrenchment processes and procedures, consults with all the relevant stakeholders, follows the right consulting process when it contemplates dismissing employees for operational requirements, uses fair selection criteria and does not unfairly discriminate against employees based on arbitrary grounds. In respect of disclosure of information, the respondents were aware of what information is shared and disclosed and for what purposes. The findings indicated that the majority of the retrenchment processes and procedures applied in the motor manufacturing company in the Eastern Cape are in line with the best practise and compliant with legislative framework. Based on the findings of the study, the researcher recommends that the employer should create awareness and educate employees on the importance of the dimensions related to retrenchment processes and procedures whenever the company embarks on dismissal for operational requirements.

The present study compared the career development concerns and other vocationally relevant variables of employees of organizations who have and have not engaged in downsizing within a one year timeframe. The sample consisted of 162 participants, 72 layoff survivors (those who remained in an organization after its downsizing) and 92 non-survivors (employees in organizations who have not downsized within 12 months). Significant results were found that differentiated the career related experiences of participants in the survivors group, survivors from non-survivors, and participants in general regardless of survivorship status. In general, results indicated that non-survivors reported greater job satisfaction and job security than layoff survivors, that being married with children may increase job satisfaction, and social support may buffer the grief reactions that survivors have to the loss of their co-worker friends. Furthermore, Super's age-associated stages within the Life-Span, Life-Space Theory were moderately upheld in the sample, especially for the Exploration stage. However, younger workers demonstrated more Maintenance concerns that would be predicted by the theory. A discussion of the relevant literature is included as well as possible explanations of the results, small sample size, and implications for future research.