Magister Legum - LLM / This thesis examined to what extent the current legislation protects the HIV positive employee against unfair discrimination and dismissal. The study gave short medical background to HIV/AIDS and introduced HIV discrimination by giving the historical background to HIV related discrimination. From this, the extent of stigmatization against this group was introduced. / South Africa

This thesis analyses the aims and objectives of the EU Acquired Rights Directive (ARD) in the context of the larger evolution of EU labour law itself. The thesis presents the overall goal of the ARD as that of striking an appropriate balance between the employer’s prerogative to transfer the business and the employee’s interest in not having the security of the job unduly threatened by such transfers. Given the current complexity and incoherence of the law regulating economic dismissals in the context of transfers, the central argument of the thesis is that there is a need for a clearer conceptual framework for defining and understanding the rights and obligations in the Acquired Rights Directive (ARD). It is suggested that the principles of legitimate expectations and proportionality are ideally adapted to play this role. In analyzing the teleology of the ARD based on these principles, this study not only assists in understanding and explaining the ARD itself, but also has wider implications for understanding the challenges facing European social policy in the field of employment protection. In its attempts to reconcile fundamental economic freedoms of employers on the one hand, and fundamental rights of employees on the other, the Court of Justice has frequently relied upon the proportionality principle to achieve a ‘fair balance’ between both parties. Following the interpretations of ‘proportionality’ in Viking and Laval, there is admittedly a fear that the proportionality balancing is likely to accord an almost absolute priority to the employers’ economic freedoms. The thesis is cognizant of this danger, and therefore advocates a ‘symmetrical’ approach to balancing. In this way the thesis offers some insight into the potential for the ARD to remain continuously effective in times of economic crisis. The study therefore finds reason to be optimistic about the prospects for the ARD and other standard-setting directives in the future of social Europe.

This study is designed to investigate discrimination in employment against resident aliens in the United States as evaluated by both U.S. practices and standards of international law and to determine whether the American treatment of aliens in employment is compatible with the international standard. In order to examine the common assertion that American practices in the treatment of aliens in employment is superior to the international minimum standard, two sets of hypotheses are tested: one on the existence of the minimum international standard, which protects aliens' rights, and the other on the American practice of requiring citizenship for employment, which deprives aliens of equal protection and thereby places the legal position of aliens below the minimum international standard. Three major sources of data for this study involve data from: (1) international arbitrations, conventions and agreements; (2) United States executive, legislative, and judicial decisions and actions; and (3) Immigration and Naturalization Service materials. The major findings indicate that the contemporary minimum international standard includes post-1945 Human Rights instruments together with the traditional minimum international standards. The most significant finding is that the contemporary minimum standard affords aliens the right to work without discrimination and confirms the relevant hypothesis in connection with the minimum standard. The study reveals that aliens in the United States are discriminated against in employment because of alienage at three different levels--federal, state, and private--with more intensity of discrimination at the federal level, despite the equal protection clause in the U.S. Constitution. The study concludes that American employment practice in the period of 1886-1971 was comparable with the international standard. On the other hand, during the 1971-1980 era, U.S. standards were below the minimum international standard as set forth by international law. This confirms the hypothesis, with some modification, that the U.S. practice of demanding citizenship for some employment has undercut the legal position of aliens so that it falls below the minimum international standard.

Given their potential to negatively impact men's goal of staying in office, can gender quotas be aligned with the preferences of male legislators who adopt the policy? In other words, does the rapid spread of gender quotas worldwide challenge notions of the rationality of legislators as career-driven individuals? These are the main questions that drive this thesis. To answer these questions, I develop a prospect theory-based framework that accounts for how electoral security and political ambition impact legislators' behaviour in influencing the strength of gender quota designs. I argue that, faced with growing pressures to adopt gender quotas, male parliamentarians engage in the risk-taking process of assenting with gender quotas, meanwhile seeking to minimize the potential costs of the policy to their future careers by actively weakening quota designs. To evaluate the plausibility of my theory, I employ a series of multi-method and multi-level analyses presented across five substantive chapters, each of which is respectively based on: 1) a cross-sectional analysis of Latin America countries; 2) an elite survey experiment with Brazilian state legislators; and, in-depth process tracing of the cases of gender quota adoption in 3) Costa Rica; 4) Brazil; and, 5) Chile. The work makes three main contributions. Firstly, although previously identified, the resistance of male legislators towards gender quotas had never been systematically analysed in a comparative manner; focusing on the behaviour of male incumbents is thus a relevant contribution. Secondly, although various authors have provided explanations for the origins of gender quota adoptions, no work had ever comparatively assessed sources of the variation in gender quota designs. Thus, I move the study of gender quotas beyond the binary choice of adoption. Thirdly, I show that the static assumptions of endogenous institutionalism need to be modified by the introduction of risk, which can only be achieved by integrating the insights of prospect theory.

Thesis (MPA.) -- University of LImpopo, 2017 / The Internship programme has been used by many governments and employers throughout the world to integrate academic theory learnt at schools and Universities and practiced in the workplace. The South African government introduced the Public Service Internship Programme(PSIP) in 2002, and one of its objectives was to reduce the high rate of graduates who are unemployable by appointing them as graduate interns for a period of 12 months, thus providing them with the public service skills and experience required by the Public Service in South Africa. The purpose of this study was to investigate the implementation of the Public Service Internship Programme with regards to its contribution to the employability of graduates: The case of the Limpopo Department of Economic Development, Environment, and Tourism in the Republic of South Africa. The study used the qualitative research method to interview 80 respondents ranging from Executive Management, Senior Management, Middle Management, Junior Management, Operational employees, Mentors and Graduate Interns to solicit their views and understanding on the implementation of the Public Service Internship Programme within the department. The study used content analysis to analyse data obtained from the 80 research respondents. The analysis was made using themes in line with thematic content analysis. The research findings confirmed that Graduate Interns are obtaining the necessary and relevant skills that will make them employable after completing the PSIP. The PSIP imparts Graduate Interns with skills that contribute to their employability in both the public and private sectors. It instils confidence and provides exposure and experience to Graduates Interns to have competitive advantages during job interviews in the public service and the private sector. It is a very useful programme that must be supported and encouraged in the public service as it assisted many to get jobs and reduce the rate of graduate unemployment in South Africa. It is relevant, useful and necessary to deal with the unemployment of graduates. It is successful and must be promoted because most Graduate Interns are employable during and after the completion of the programme. The study made the following recommendations; That all stakeholders must be inducted on PSIP to ensure its successful implementation, mentors must be trained on mentoring and coaching prior to their appointment, Mentoring vi be linked to the key result areas and key performance indicators of employees for it to be recognised in terms of the Performance Management and Development System, PSIP must be monitored and evaluated like all other government programmes, that the assignment of duties to graduates must be in line with their qualifications and their careers, graduate interns should be allowed to attend departmental meetings and functions as part of their learning areas, that those interning on the departmental Human Resources Management and Development be granted access to the PERSAL system as it is an important system in the South African Public Service, exit interviews must be conducted to get feedback from the interns on the implementation of the programme, and that proper allocation of offices or work spaces must be done by the department to enhance and improve the working conditions of the Graduate Interns

Thesis (MPA.) -- University of LImpopo, 2017 / The Internship programme has been used by many governments and employers throughout the world to integrate academic theory learnt at schools and Universities and practiced in the workplace. The South African government introduced the Public Service Internship Programme(PSIP) in 2002, and one of its objectives was to reduce the high rate of graduates who are unemployable by appointing them as graduate interns for a period of 12 months, thus providing them with the public service skills and experience required by the Public Service in South Africa. The purpose of this study was to investigate the implementation of the Public Service Internship Programme with regards to its contribution to the employability of graduates: The case of the Limpopo Department of Economic Development, Environment, and Tourism in the Republic of South Africa. The study used the qualitative research method to interview 80 respondents ranging from Executive Management, Senior Management, Middle Management, Junior Management, Operational employees, Mentors and Graduate Interns to solicit their views and understanding on the implementation of the Public Service Internship Programme within the department. The study used content analysis to analyse data obtained from the 80 research respondents. The analysis was made using themes in line with thematic content analysis. The research findings confirmed that Graduate Interns are obtaining the necessary and relevant skills that will make them employable after completing the PSIP. The PSIP imparts Graduate Interns with skills that contribute to their employability in both the public and private sectors. It instils confidence and provides exposure and experience to Graduates Interns to have competitive advantages during job interviews in the public service and the private sector. It is a very useful programme that must be supported and encouraged in the public service as it assisted many to get jobs and reduce the rate of graduate unemployment in South Africa. It is relevant, useful and necessary to deal with the unemployment of graduates. It is successful and must be promoted because most Graduate Interns are employable during and after the completion of the programme. The study made the following recommendations; That all stakeholders must be inducted on PSIP to ensure its successful implementation, mentors must be trained on mentoring and coaching prior to their appointment, Mentoring vi be linked to the key result areas and key performance indicators of employees for it to be recognised in terms of the Performance Management and Development System, PSIP must be monitored and evaluated like all other government programmes, that the assignment of duties to graduates must be in line with their qualifications and their careers, graduate interns should be allowed to attend departmental meetings and functions as part of their learning areas, that those interning on the departmental Human Resources Management and Development be granted access to the PERSAL system as it is an important system in the South African Public Service, exit interviews must be conducted to get feedback from the interns on the implementation of the programme, and that proper allocation of offices or work spaces must be done by the department to enhance and improve the working conditions of the Graduate Interns .

Employers want to reduce or eliminate claims of employee retaliation whenever possible because of associated negative organizational consequences such as legal liability, various financial costs for the organization, and negative effect on employee morale. As such, it is important to identify the factors that impact the court’s decision to rule in favor of the plaintiff or the defendant. The purpose of the present study is to identify factors driving the court’s decision, as well as to review the implications of recent Supreme Court holdings for retaliation issues. Supreme Court cases involving a claim of employee retaliation from BNSF v. White (2006) to the present were reviewed and coded on factors likely to influence the court’s decision. Implications associated with these factors and the implications of relevant Supreme Court holdings are discussed. The ability of the plaintiff to establish all three prongs of a retaliation claim was found to be important for the court to rule in his/her favor. If the retaliatory act meets or exceeds the EEOC deterrence standard, the court tended to favor the plaintiff. Finally, the results suggest that the plaintiff should use the organization’s grievance policy, if there is one, as the court tended to rule favorably for the plaintiff when he/she used the available grievance policy. Additional implications are explored and limitations are discussed.

Japanese workers are facing a threat of literal death from working too hard. In 1978, karōshi, defined as death or severe disability from overwork, was added to the Japanese dictionary. Japan is recognized as having one of the worst working conditions in the developed world with awfully long working hours. This thesis deconstructs the underlying psychological, cultural and economic reasons that contribute to the long working hours in Japanese companies. Then, this thesis examines the previous and current efforts by the Japanese, South Korean and German governments to reduce working hours in their countries to prevent the fatal consequences of overwork. It concludes by recommending the Japanese government to continue the research on overtime and death, raise awareness through education and outreach, enforce strict labor laws, and to adopt a method of flexible working hours.

No description available.

Thesis (LLM (Labour law))-- University of Limpopo, 2010.