The purpose of this study was to review legal grounds upheld by federal and state courts in cases involving the dismissal of tenured public school teachers for alleged incompetence from 1958-1982 to determine a judicial definition of teacher incompetence. In addition, the study attempted to provide an historical analysis to determine if the reasons that federal and state courts have upheld for the dismissal of tenured public school teachers have changed or remained the same since 1958. Third, the study identified in recurring categories behaviors and actions of tenured public school teachers that courts have upheld as evidence of incompetence. Finally, the study sought to be of service to boards of education and professional administrators of the public schools by bringing to their attention the behaviors and actions of tenured public school teachers that courts have upheld as evidence of incompetence that justifies dismissal. Court decisions related to the topic"Teacher Incompetence" were located under the topic"Schools and School Districts" in the Century, Decennial, and General Digests. Cases were reviewed to determine if they fit within the delimitations of the study. Then each case was analyzed in chronological order to see if historically, there had been changes in legal interpretations of evidence that was substantiated by the federal and state courts as definitions of teacher incompetence for tenured public school teachers. Next, the behaviors and actions of public school teachers involved in such cases were divided into categories. Within each category, the specific teacher behaviors were listed according to state and frequency of incidence. These categories included: an inadequate preparation to teach, teaching methods, effect on pupils, personal attitudes, and disability. This research reveals that courts are stating that the incompetent teacher is one who lacks an adequate professional preparation to teach, is unable to provide designated instruction in an appropriate learning environment, and/or exhibits unprofessional behavior such that .the teacher's on-the-job duties cannot be continued successfully. / Ed. D.

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

This research examined the effect of downsizing on the stress-related perceptions and work-related attitudes and behaviors of employees of a school food service organization. A major purpose of this study was to investigate individual level responses according to the severity of the downsizing. The research also examined the relationships between employees' stress-related perceptions and their work-related attitudes and behaviors, and the moderating effect of demographic factors on these relationships. Data for this research was collected from 527 cafeteria employees from 87 campuses of the focal organization. The results indicated that downsizing severity, expressed as the percentage of school cafeteria labor hour reductions during the past year, had little impact on employees' subjective interpretations or their attitudinal and behavioral responses. There was also a significant and positive relationship between downsizing severity and the campus-level productivity, as measured by the increase in meals served per labor hour. The results indicated no significant relationships between perceived job insecurity and employee attitudinal and behavioral reactions. However, significant and positive relationships were reported between employee role stress, as measured through role conflict and role ambiguity, and their work-related attitudes and behaviors. The correlations between perceived job insecurity and selected demographic variables were found to be either insignificant or contrary to predictions. / Ph. D.

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.

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.

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.

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

No description available.

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 ...

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