Against the background of the global demographic shift towards an aging workforce and its impacts on the labour market and the economy in industrialized societies, this dissertation pinpoints six salient challenges for future litigation and policy-making in the area of labour and employment discrimination law. These include the global tendency towards abolishing mandatory retirement and increasing the eligibility age for pension benefits; legislative age-based distinctions; cost as a justification for age discrimination; performance appraisals of senior workers; and the duty to accommodate senior workers. At the core of each challenge lies a normative question regarding our conception of senior workers’ right to age equality, its importance and relative weight compared with other rights and interests. The aim of this dissertation is therefore to critically review the current understanding of this right and its moral and economic underpinning. Most notably, the dissertation contends that the prevailing conception of equality assessment (the Complete Lives Approach to equality), according to which equality should be assessed based on a comparison of the total share of resources obtained by individuals over a lifetime, has substantial implications for age discrimination discourse. As it uncovers the numerous difficulties with the complete lives approach, the dissertation develops an alternative: the Dignified Lives Approach to equality, according to which an individual should be treated with equal concern and respect, at any particular time and regardless of any comparison. The dissertation then articulates five essential principles founded in Dworkin’s notion of equal concern and respect: the principle of individual assessment, the principle of equal influence, the principle of sufficiency, the principle of social inclusion, and the principle of autonomy. When one of these principles is not respected at any particular time, a wrong is done, and the right to equality is violated. Next, the dissertation elucidates when and why unequal treatment of senior workers based on age does not respect each of these five principles and therefore constitutes unjust age discrimination. It demonstrates that senior workers’ right to age equality is a fundamental human right. Finally, it examines the above-mentioned challenges through the lens of the new Dignified Lives approach.

No abstract available / Jurisprudence / LL.M.

Le droit du travail s’est doté depuis longtemps d’instruments de règlement amiable des conflits individuels et collectifs du travail : la conciliation prud’homale et la médiation encas de harcèlement pour les premiers ; la conciliation, la médiation et l’arbitrage pour les seconds. Mais leur échec est largement constaté. Il faut dès lors réfléchir à une réforme des procédures existantes : le recours obligatoire des salariés et des syndicats à une procédure non-contraignante de médiation, l’instauration d’une période de paix sociale précédant la grève et la création d’un service administratif de règlement des conflits sont certaines des pistes explorées.Ces procédures doivent s’appuyer sur plusieurs garanties essentielles. Celui qui a la charge de la procédure doit être indépendant, ce qui interdit qu’il soit placé dans un rapport de subordination à l’égard de l’une des parties, impartial, ce qui exclut tout parti pris ou préjugé, et compétent, alliant la connaissance du droit du travail à la maîtrise des techniques de règlement amiable des différends. La procédure elle-même doit présenter des garanties tenant à la confidentialité des échanges et des documents communiqués, à une durée assez réduite pour préserver le droit à l’accès au juge des parties, et à un coût qui ne soit pas dissuasif. / Labor law aknowledges for a long time amicable settlement procedures of labor disputes: conciliation in labor courts and mediation in harassment cases for disputes between an employer and its employees ; conciliation, mediation and arbitration in case of strikes. All of them failed and their reform must be studied: compulsory mediation for employees and unions, mandatory industrial peace and the creation of a public service in charge of labor conflict resolution are some of the options explored. These procedures require to respect several essential guarantees. The person in charge of the procedure must be independant, impartial and competent in both labor law and dispute resolution. The procedure itself must guarantee the confidentiality of the discussion and the documents communicated, take place during a limited amount of time to preserve the right of access to a judge, and have a non-dissuasive cost.

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

LL.D. / This study aims to investigate the different ways in which the position of people with disabilities can be addressed. Antidiscrimination legislation can play a very important role. Efforts to create equal opportunities must, however, not be limited to legislative initiatives and policy declarations. There is an urgent need for education and training of this minority group. 7 Systematic efforts to heighten public awareness of civil rights and in particular the recognition of the rights of the disabled community are imperative. This study aims to bring home the truth that "disability rights are an idea and ideal whose time has come. ,, When addressing the issue of disability discrimination (or for that matter any kind of discrimination) several principles need to be addressed, the most important being the following: The meaning of the concept of "equality" needs to be established. The fact that all people are equal, does not necessarily mean that all people must be treated the same. When speaking about disability discrimination one must know who forms part of the protected class. For that reason the first issue that must be addressed is the definition of "disability": This leads to the next question, namely which individuals should be protected by anti-discrimination laws and should they benefit from affirmative action measures? What is meant by the term "discrimination"? Is it at all permissible to distinguish between groups of people and, if so, when and which standards are to be applied? What role can anti-discrimination legislation fulfil in the struggle for equality? When dealing with anti-discrimination legislation, what is required in order to prove discrimination and what remedies must be available to an aggrieved party? Normally, in case of criminal action proof is required beyond reasonable doubt and in case of civil action on the balance of probabilities. 10 Civil action offers more effective remedies, but should it be punitive in nature (by awarding damages to the aggrieved party) or non-punitive (by putting the aggrieved party in his/her "rightful place")? What sort of enforcement mechanism is needed? Is it a task for the ordinary tribunals or rather a special body created for that purpose? What defences should be available to an employer accused of discriminatory practices? Who should benefit from enforcement? Only the individual victim or all members of that group? Is anti-discrimination legislation sufficient or is something in addition called for? If positive measures are required, what form must these measures take? This study will address these questions specifically with relation to people with disabilities.The "equality principle" will first be studied. Thereafter the concept of "disability" will be defined. There is a movement away from a medical model of disability towards a social model that takes account of the disabling effects of attitudes and structural barriers on the position of disabled people. Then the concept of "discrimination" will be addressed. Discrimination has many different forms and can take place in different contexts In the following chapter possible solutions to the problem of disability discrimination will be raised. Thereafter follows an important comparative analysis of different jurisdictions on international, supra-national and national level. Different jurisdictions have reached different stages in addressing this problem. The factual analysis of each jurisdiction will include the existence of any anti-discrimination legislative measures, the scope of the protected class, applicable employment provisions, defences available to employers, and the success achieved in addressing the problem. The contentious issue of affirmative action measures will also be addressed. By drawing inferences from the comparative study, suggestions will be made for future developments in South Africa. The conclusion is reached that it is imperative for South Africa to draft disability anti-discrimination legislation that takes account of the needs of this minority group. Legislative initiatives, however, are not enough and must be supported by various programmes aimed at the disabled themselves and the community that they live in. Only then can human rights become a reality also for people with disabilities.

This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.

The Americans With Disabilities Act (ADA) of 1990 requires that employers provide "reasonable accommodations" for qualified individuals who have a disability, provided that doing so does not result in "undue hardship". There are several guidelines that employers have been given to evaluate the reasonableness of job accommodations. Unfortunately, these guidelines have been criticized as being vague and ambiguous. Specific factors considered when determining whether or not to grant an accommodation under the ADA have yet to be examined in psychological research. The current study evaluated the impact of cost of accommodations, position level of the employee, and attitudes of raters for their effects on judgements of the reasonableness of requests and on subjects' likelihood of honoring requests. Results showed that accommodations were rated as more reasonable and were recommended to be honored more often for higher level positions than for lower level positions. Measures of attitudes toward disabled persons, both in general and in the workplace, did not have many significant correlations with the dependent measures. Implications of the findings and ideas for future research are discussed.

During the apartheid era in South Africa there was an unequivocal commitment to white supremacy, segregation and inequality. Discrimination but not on the basis of race was entrenched by the pre-democratic government. The 1980‟s saw the first steps towards reversing such practices through various measures, in the form of formal equality. Formal equality holds that the state must be act neutrally in relation to its employees and must favour no one above another. It assumes that all people are equal and that inequality can be eradicated simply by treating all people in the same way. Formal equality is therefore blind to structural inequality. Substantive equality in contrast to formal equality holds the value that equality is not simply a matter of likeness, that those who are different should be treated differently. The very essence of equality is to make distinction between groups and individual in order to accommodate their different needs and interests. It considers discrimination against groups which have been historically advantaged to be qualitatively aimed at remedying that disadvantage. The Constitution Act 108 of 1996 confers the right to equal protection and benefit of the law and the right to non discrimination. Prohibition of unfair discrimination in itself is insufficient to achieve true equality in a historically oppressed society. Hard affirmative action measures are required, the Constitution further explicitly endorses such restitutionary measures. Affirmative action is a systematic, planned process whereby the effects of colonialism and racial discrimination are being reversed in all areas if life. It is designed to achieve equal employment opportunities. In order to achieve this goal the barriers of the workplace which restrict employment and progressive opportunities have to be systematically eliminated through proactive programmes. Affirmative action is a delicate instrument of social engineering which must be used with caution. The Employment Equity Act 55 of 1998 gives effect to the constitutional provisions and to regulate affirmative action measures in employment. The Employment Equity Act spells out the beneficiaries, who should do the protection, and advancement and what may happen to employers if they fail to comply in the view of the Director-General of the Labour. However the explicit constitutional and legislative endorsement of affirmative action comes with its controversy and legal challenges and it has been left to the courts to resolve tension on the one hand and to ensure equal treatment on the other. / Abstract

The topic of this diploma thesis is Temporary agency work in the Czech Republic. Diploma thesis is logically divided into two main parts. The first part is predominantly theoretical. Within this topic the basic definitions and its mutual relationship are analyzed in detail. The thesis is mainly focused on analysis of current legislation and its history from 2004 till present. The second part of the diploma thesis is based on the survey published through questionnaire. The questionnaire has logical structure and therefore it is possible to deduce the position and experience of the respondents with the held topic. In conclusion, there are proposals to improve the current regulation of temporary agency work which could contribute to an increase of positive attitudes towards agency employment in the Czech Republic.

The content of this study is the issue of labor force immigration and employment of immigrants in Czech Republic. Thesis is based on economic theory and description of current legislation including the expected development, which are supported by analyses based on data from the Czech statistic agency and respective ministries. The main goal of the thesis is to refute the prejudices of negative consequences of immigration, especially economic migration, and to assess the situation of employment of immigrants in terms of all stakeholders, ie state as the creator of the legislative environment within which labor contract can be concluded, employers, both in terms of legal obligations concerning employment of immigrants as well as possibilities of employment of such group and at last, but not least, the thesis focuses on immigrants themselves, who are undoubtedly the most vulnerable group.