This thesis explores the notion of the employer in English employment law. It seeks to develop a functional reconceptualisation of that notion in the hope of overcoming the theoretical and practical problems resulting from the tensions inherent in the current approach. The first part of the thesis analyses the notion of the employer as counterparty to the contract of employment. Two conflicting strands emerge: the employer is simultaneously identified as a single party to a bilateral contract (the unitary strand) and defined through the exercise of a range of employer functions (the multi-functional strand). As a result of this tension, full employment law coverage is restricted to a narrow paradigm scenario where a single legal entity exercises all employer functions. Modern economic developments, from the rise of employment agencies and service companies to corporate groups and Private Equity investors, have however increasingly led to the joint exercise of such functions across multiple entities. The second part illustrates the practical implications of these developments: regulatory obligations are placed on inappropriate entities, and workers may even find themselves without recourse to any employment law protection. An additional chapter compares this situation with the notion of the employer in German law, where a sophisticated apparatus has been developed in order to address the particular challenges of employment in multi-entity scenarios, in particular in corporate groups. On the basis of these observations the final part of the thesis then proposes a reconceptualised notion. The employer is defined as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current notion is addressed in turn to demonstrate how this more openly multi-functional approach addresses the rigidities of the current notion without abandoning an underlying unitary conceptualisation. It is hoped that the resulting notion of the employer will be able to place employment law obligations on the entity, or combination of entities, exercising the relevant employer functions, regardless of the formal legal organisation of the enterprise in question.

This thesis is a case study of the implementation of Ontario's 1987 pay equity legislation. Ontario's pay equity legislation was very progressive and was aimed at eliminating the portion of the wage gap between men and women caused by discrimination. The legislation mandated both public and private sector employers with more than 10 employees to create pay equity plans to eliminate the discriminatory portion of the wage gap. The legislation has met with some success. However, measuring the progress of eliminating wage discrimination is difficult because the Ontario government was unwilling to impose a coercive implementation regime. Consequently, the government has little information to measure either employer compliance or the results of employer pay equity plans. Employers have few incentives to comply with the legislation and the implementing agency has insufficient financial resources to monitor compliance. Clearly this implementation regime was a delicate political balancing of the interests of business and labour and women.

The physical and psychological security of the Foundation Phase educator is currently a cause for concern. This situation is problematic, in that well–qualified and experienced educators will leave the profession if their security is compromised. In addition, prospective students will be reluctant to enter the profession as Foundation Phase educators if there is a possibility of insecurity in their future workplace. The aim of this research is therefore to investigate and establish the factors, both employment related as well as learner related, that contribute to this phenomenon. This inquiry was done from an Education Law perspective to establish what protection these educators are entitled to in terms of labour and education legislation. Utilising a qualitative research design, a variety of findings and the related implications were established. The most important labour related findings are that, in spite of the well–developed legal framework in South African law, the rights of the educator are perceived to be of secondary importance compared to those of the learners and also that the constant changes, for example in education policies, lead to insecurity. In terms of learner and parent related findings, it is evident that the lack of learner discipline, which can be partly attributed to a lack of parental involvement, contributes to declining educator security. The workplace related findings reflect the teacher– learner ratio as being problematic. In addition, the lack of resources in some schools, as well as a classroom environment that is not conducive to effective teaching and the educators' workload all impact on educator insecurity. It is imperative that the recommendations made should be attended to, in order to minimize Foundation Phase educator insecurity. This must be done to the benefit of both the educators and the learners, who are entitled to quality education. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2011.

The physical and psychological security of the Foundation Phase educator is currently a cause for concern. This situation is problematic, in that well–qualified and experienced educators will leave the profession if their security is compromised. In addition, prospective students will be reluctant to enter the profession as Foundation Phase educators if there is a possibility of insecurity in their future workplace. The aim of this research is therefore to investigate and establish the factors, both employment related as well as learner related, that contribute to this phenomenon. This inquiry was done from an Education Law perspective to establish what protection these educators are entitled to in terms of labour and education legislation. Utilising a qualitative research design, a variety of findings and the related implications were established. The most important labour related findings are that, in spite of the well–developed legal framework in South African law, the rights of the educator are perceived to be of secondary importance compared to those of the learners and also that the constant changes, for example in education policies, lead to insecurity. In terms of learner and parent related findings, it is evident that the lack of learner discipline, which can be partly attributed to a lack of parental involvement, contributes to declining educator security. The workplace related findings reflect the teacher– learner ratio as being problematic. In addition, the lack of resources in some schools, as well as a classroom environment that is not conducive to effective teaching and the educators' workload all impact on educator insecurity. It is imperative that the recommendations made should be attended to, in order to minimize Foundation Phase educator insecurity. This must be done to the benefit of both the educators and the learners, who are entitled to quality education. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2011.

Thesis (MComm)--University of Stellenbosch, 2005. / ENGLISH ABSTRACT: The new set of employment equity laws call for South African organisations to justify their compensations systems. During compensation discrimination litigation, evidence is required to support arguments put before the court in order to meet the burden of proof. The similarity between foreign and domestic legal systems, suggests that the operational implications of foreign legislation will also be relevant to South Africa. This raises the debate as to the nature of fairness in the compensation context, the debate of comparable worth and the use of multiple regression analysis. The organisation must present to the court evidence to show that the choice of compensable constructs, their measurement and application does not discrimination directly or indirectly based on group membership. Multiple regression analysis, a statistical method to model the compensation system, is fraught with difficulties and misunderstanding. It is nevertheless the most appropriate method to investigate compensation fairness. Comparable worth and multiple regression analysis require assessment in the South African context. The issues, which hindered the successful use of multiple regression analysis abroad, are reviewed in order to smooth its entry into South African litigation. A framework is presented based on literature and case law whereby all parties concerned can produce and evaluate such evidence / AFRIKAANSE OPSOMMING: Die nuwe Anti-Diskrimineringswetgewing verlang van Suid-Afrikaanse organisasies om salarisstelsels te regverdig. Gedurende salarisdiskriminasielitigasie word bewys verlang om die bewyslas oor te dra. Die gelyksoortigheid van buitelandse en binnelandse regstelsels gee te kenne dat die operatiewe implikasies van buitelandse wetgewing relevant tot Suid-Afrika sal wees. Dit bevraagteken die aard van billikheid in die kompensasie konteks, die debat van vergelykbare waarde en die gebruik van veelvoudige regressieontleding. Die betrokke party moet bewys aan die hof toon om te bevestig dat die keuse van vergoedingskonstruksie, sowel as die meting en toepassing daarvan, nie onregverdig diskrimineer, ten opsigte van demografiese groepe me. Veelvoudige regressieontleding 'n statistiese metode wat gebriuk kan word om die salarissisteem voor te stel. Alhoewel dit vele onduidelikhede bevat, is dit steeds die mees toepaslike metode om salarisbillikheid te ondersoek. Vergelykbare waarde en meervoudige regressieontleding is in die Suid-Afrikaanse konteks geëvalueer. Die aspekte wat die sukses van die gebruik van meervoudige regressieontleding in ander lande verhinder het, is ondersoek en geëvalueer om die toekomstige toepassing daarvan in Suid-Afrika te vergemaklik. 'n Raamwerk gebaseer op literatuur en gevalle studies word voorgestel, waar al die betrokke partye sodanige bewys kan produseer en evalueer.

Why do temporary foreign workers employed in the British Columbia hospitality sector have difficulty enforcing their workplace rights? Using the themes of people, place and time, this thesis explores the demand and supply of migrant workers in the British Columbia hospitality sector, and the challenges temporary foreign workers face at the intersection of immigration law, employment law, occupational health and safety law, and workers’ compensation law. The thesis argues that the low-skilled Temporary Foreign Worker Program shifts the negative consequences of unfair working conditions and workplace health and safety risks over people, place and time: from Canadian workers and employers onto temporary foreign workers; from Canada to elsewhere; and from the present into the future. Workplace rights are not enough for hospitality sector workers, what is needed is better tools for the enforcement of those rights. / Graduate

1 Principle of flexicurity in legal regulation of transfer of rights and obligations from the employment-law relations Abstract In her PhD thesis, the author deals with the legal regulation of transfer of rights and obligations arising from employment-law relations in the Czech Republic, in the context of the European union law, from the point of view of the concept of flexicurity in the employment-law relations. This concept includes, on the one hand, elements of flexibility in the realization of employment-law relations, and, on the other hand, security (protection) of employees in these relations which is manifested in particular by the transfer of rights and obligations from their employment-law relations to the new employer itself. At present, when changes in the employers' organizational structure, transfers of activities or tasks, mergers, the purchase of a business or a business lease, but also so called outsourcing, insourcing, and change of suppliers are becoming more and more common in companies, the issue of change of the employer, and consequently, safeguarding and protection of the rights of employees, in particular safeguarding of their employment-law relations, is becoming more up to date. Protection of employees' rights during the transfers of undertakings and businesses is one of the...

This dissertation, named "A person, an employee in social work, as a moral being coming into contradiciton with duties assigned by an employer", deals with a theme of a person as an autonomous moral being in a position of an employee in the sphere of social work, who comes into conflict with duties assigned by an employer. The aim of this dissertation is to possess a complex analysis of the causes of these conflicts and inner preconditions of a person as a moral human being who is involved in these conflicts, and the ability for ethical reflection and questioning, which the author addresses in the processing of this theme. The study of special native and foreign literature was chosen as a way of gathering the base information for the final ethical reflection.

Le monde actuel, instable et incertain tant financièrement que juridiquement, créé un nouvel impératif, celui de la performance. Dans ce contexte, la performance juridique de l’entreprise désigne son aptitude à déployer des ressources juridiques et à les articuler avec d’autres ressources pour atteindre ses objectifs, notamment ses objectifs stratégiques. Par nos travaux, nous tentons d’étendre cette théorie aux individus et d’illustrer ses apports en l’appliquant aux mécanismes juridiques des stock-options et des actions gratuites. Partant du postulat que le droit constitue un instrument de la performance, nous voyons dans la performance juridique l’expression de l’aptitude des entreprises et des individus à sécuriser et optimiser leurs ressources, capacités et opportunités juridiques, afin de contribuer à réaliser leurs objectifs stratégiques. Nous exprimons ainsi l’idée d’une performance juridique à travers deux critères cumulatifs : la sécurisation et l’optimisation juridiques. / Today’s unstable and unpredictable world, from a financial and a legal point of view, creates a new requirement, the performance. In this context, the company’s legal performance refers to its ability of develop legal resources and to connect it to other resources to reach its goals, especially strategic aims. Through our work, we attempt to extend this theory to individuals and to illustrate its contributions through an application to the stock-options and the free share awards legal schemes. Based on the assumption that the Law constitutes a tool for performance, we see the legal performance as the expression of the companies and individuals’ ability to secure and optimize their legal resources, capabilities and opportunities, in order to satisfy their strategic goals. Then, we convey the idea of a legal performance throughout two cumulative criteria: the legal certainty and the legal optimization.

The legislation relating to equal remuneration claims is an area of law which is nuanced and consequently poorly understood. It has posed an unattainable mountain for many claimants who came before the South African courts. This is as a direct result of the lack of an adequate legal framework providing for same in the Employment Equity Act 55 of 1998. The case law recognises two causes of action relating to equal remuneration. The first cause of action is equal remuneration for the same/similar work. The second is equal remuneration for work of equal value. The former is easily understood by both claimants and courts but the latter is poorly understood and poses many difficulties. The aim of this dissertation is fourfold. Firstly, the problems and criticisms regarding equal remuneration claims will be briefly highlighted. Secondly, a comprehensive analysis of the current legal framework will be set out together with the inadequacies. Thirdly, an analysis of international law and the law of the United Kingdom relating to equal remuneration claims will be undertaken. Fourthly, this dissertation will conclude by proposing recommendations to rectify the inadequacies. / Mercantile Law / LL.M. (Labour law)