No description available.

On March 26, 2010 the International Association of Machinists and Aerospace Workers filed a complaint with the National Labor Relations Board alleging that The Boeing Company engaged in several unfair labor practices when it decided to build a second production facility for the 787 Dreamliner in a non-union facility in North Charleston, South Carolina. However, the NLRB’s charges are unwarranted and should be dismissed. Boeing’s competitiveness, as well as the overall American economy, is threatened by the precedent that would be set by a decision in favor of the union.

No description available.

The interim Constitution and the final Constitution, respectively Act 200 of 1996 and Act 108 of 1996, has ushered South Africa into a new era. An era that will be characterized by it's influence on our jurisprudential, political, socio-economic and religious rights. The Labour Relations Act 66 of 1995 in general and workplace forums in particular ushered our labour relations into a new era. It is our attempt by the legislature to foster corporatism at the enterprise. It is hoped that workplace participatory structures such as workplace forums will lead to: Better information flow and communication between management and the workers; better decision making by management; efficiency and productivity which will help the national economy. The legislative framework that regulates the establishment of workplace forums however, present certain problems. The major obstacles that the act create is, firstly; the granting of the sole right to call for the establishment of workplace forums to majority unions (section 80(2)) and secondly; the high threshold of 100 employees that is required by section 84 of the Labour Relations Act. These provisions are critically analysed from a comparative perspective. It is argued that the high threshold is totally inexplicable and unacceptable. It is contrary to the trend in Europe where experiments with workplace based structures were highly successful. This high threshold is also totally insensitive to the needs of SMME's. It is a known fact that workers in this sector are vulnerable, exploited and deserving of legislative or other forms of protection. The introduction or legislative facilitation of the establishment of workplace forums in SMME' s has potential to serve as a counterbalancing force. By engaging management and workers in a joint forum may of the problems in SMME's can be eradicated. The position of the majority unions is also untenable. The legislature has in fact disempowered those that it seeks to empower - the workers. In most countries studied, unions not necessarily majority unions have the right to trigger the process of establishing "workplace forums." In other countries, like Germany workers that are not union members can also trigger the process. This power that is give to majority unions also further marginalises SMME's. The SMME section is not sufficiently unionised because of the organizational problems that they present. In Britain for instance, only 8% of small companies are unionised. Unions will have logistic difficulties of organising and servicing a multitude of workplaces containing relatively small numbers of members. Section 80(2) and Section 84 of the Labour Relations Act will have to be revisited with a view of making workplace forums an all inclusive process and not one dominated by majority unions. The threshold for entitlement will have to be lowered so that more employees can enjoy the potential benefits of workplace base institutions.

This study examines the position of women in Basotho society. It examines the position that women occupy in the society both in their traditional and contemporary roles. This is later contrasted to the developments made at the level of the state to effect changes to improve the situation. The data used in the study pertain to the period after 1986 up to 1996, except where it was possible to include more current. The international community has established norms intended to guide the members of the respective conventions and treaties in making of their domestic laws. These guidelines operate as an indication of the member country's intention to abide by the norms and not to deliberately flout the principles involved. Lesotho has through the years signed and ratified a number of these conventions. There has been quite a significant number of problems encountered in applying equality rights. Women in Lesotho as in the rest of the developing world are faced with discrimination on at least two levels, being female and being a member of the wrong race. The issue is whether they are also as humans, entitled to the benefit of universal human rights, or is it the exclusive preserve of men. It is the purpose of this study to examine the extent to which the international norms and human rights standards have impacted on the municipal law in Lesotho to grant equality rights to women. Finally, it is concluded that the Government of Lesotho has failed to achieve its obligations under the Conventions and international norms to which it has bound itself. Although legislation has been passed and applauded even at an international level, little progress can be made due to the half hearted attempts by the legislature to grant rights to women while not wanting to disturb the run of things and curtail the power that men have over them. This is likely not to be popular at some quarters especially with traditionalists. If however women are to be given equality in rights, the reforms have to be made.

No / Law Express Question and Answer: Employment Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.

No description available.

The thesis examines the nature and extent of protection available to "whistleblowers", employees who disclose to outside bodies wrongdoing or malpractice at work. It begins with a consideration of the philosophical basis for providing protection for such employees. The legal rights of the whistleblowing employee in English law are then considered. In chapter three case law on the duty of confidence is examined and conclusions drawn on its application to employees dismissed for blowing the whistle, with particular reference to whether disclosure of information involves a breach of the employment contract. The general law on unfair dismissal is examined in chapter four to determine the extent to which an employee can claim that a dismissal for raising a concern is unfair. Protection for whistleblowing on specific issues such as race or sex discrimination, and health and safety issues is considered in chapter five. International standards governing the protection of the right to freedom of expression, in particular Article 10 of the European Convention on Human Rights, are examined in chapter six. Chapter seven comprises a comparative study of the protection available to employees who blow the whistle in the USA, where protection exists for whistleblowers both at a constitutional level and in specific legislation. A case study is included in chapter eight in which the position of employees in the National Health Service is examined in detail, with regard to their contractual position and the practical difficulties faced by those who wish to raise concerns about matters at work. A fundamental distinction drawn throughout the thesis is between two types of whistleblowing: "watchdog" whistleblowing, referring the raising of concerns about immediate threats to health and safety or of serious financial loss; and "protest" whistleblowing, referring to the participation of employees in debate on matters that are in the public interest, using specialist informztion gained from their employment. The recognition of these two forms of whistleblowing aids the analysis of the limitations of the legal protection as well as proving useful in the determining the scope of proposed reform. The argument is made that the protection currently available is inadequate and the thesis ends with proposals for legal reform.

This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.

The substance of this thesis is going to conduct Feminism into the research of female labor situation and current equal rights between two sexes through demonstration of Patriarchy and Feminism. To solve the straits and situation of female labor under the collusion of Patriarchy and Capitalism after analyzed the comparison of Feminism Legal Research and related references. Further, to expect our government can implement actually the equal rights between two sexes. When we discovered successfully the equal rights between two sexes in advanced countries, which have included all levels, the fluctuations of equal rights between both sexes are predominated by our Patriarchy government that cannot realize the core of female demand. And also any kind of protection strategies separated in different laws so result in much disadvantages and conflicts. Furthermore, the females suffer from unfair dual treatments of labor market and no-pay labor in domestic chores because of the logic of labor force and class construction, which are formed by conventional Patriarchy values and capitalism. In job market, the females have to face up to the traits of sexual discrimination, informally payment, sex harassment, pregnancy prevention, re-employee, personalize child care, and lack of female protection. However, under the backgrounds of political and economical structures and the pressure of interpretation of law made by the Grand Justice the woman movements were springing up lately and to supervise government to establish Gender Equality in Employment Law in accordance with the bases of the legal principles, so as to achieve the goal of implementing the equal rights for both sexes. The problems of Patriarchy have been broken progressively by Gender Equality in Employment Law and Sexual Harassment Prevention Law, in which include forbiddance of sexual discrimination employment equality, and sexual harassment prevention. It does not only integrate and make up lack of equal rights between two sexes by past, but also transform the ¡§Female Protection¡¨, which was forbidden by Patriarchy, to ¡§Gender Equality¡¨. Moreover, try to make reasonable for sexual discrimination and to achieve the purpose of gender equality. Although we have discovered actual situation that still not implement overall in our society, gender equality has changed and adjusted. Thus, to realize the gender subject is mutual responsibility and concept of two sexes, enterprises, and government. In a word, under the demonstration of Patriarchy and Feminism we disclose that the cultural hegemony and collusion of Patriarchy and Capitalism are the key points of obstructing the practice of equal rights for both sexes. Women groups have realized the idea of Feminism by means of Gender Equality in Employment Law and Sexual Harassment Prevention Law. Although there are many compromises and concessions in the process, they have broken the phenomenon of the predominant status and impediment of Patriarchy gradually, and the women issues are promoted to the category of public area to be discussed. The predicaments of women in families and jobs have received much attention. It is possible to realize the equal rights for both sexes and gender equality, and the day of accomplishing the equal rights for both sexes can be expected soon.