Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012 / The purpose of the study is to address the effects of employment discrimination in the workplace focussing on designated groups, by comparing South Africa and Canada. Canada is one of the few countries that have addressed the employment barriers of target groups with one encompassing piece of legislation. In this study reference was made at the constitutional provisions towards unfair discrimination, labour law materials, employment and statutory provision so that the future researcher could see where employment discrimination in South African and Canada originate and what is the position. In order to address employment discrimination in the workplace case laws, courts judgments and other jurisprudence were used. The scope focused in this study is broad as a researcher did not look at other forms of employment discrimination. Employment discrimination in South Africa and Canada exists, this implies that the employment discrimination between two countries could be comparable. Policies and practices in order to identify employment barriers facing the disadvantaged groups were discussed. Therefore critical look focused on the employment systems, policies and practices at workplaces and also identify employment barriers facing designated groups in relation to recruitment, job classification, remuneration, employment benefits, conditions of services and promotion. South Africa and Canada emanated from a historical background of inequalities. Such inequalities lead to discrimination. South Africa and Canada’s discrimination affected blacks, Aboriginal people, women and people with disabilities. The grounds of discrimination were discussed in full for both countries.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / Like other forms of prohibited discriminations, discrimination on the basis of sexual orientation has become an area of concern in the workplace. The law prohibits discrimination in whatever form and declares it unlawful to discriminate people on the basis of sexual orientation. In this work, South African anti- discrimination provisions on the basis of sexual orientation will be emphasized, whereas foreign countries will only be referred to for the sake of comparative analysis. Discrimination of lesbian, gay, bisexual, transsexual and homosexual people (LGBTH) in the workplace is manifested by harassment and constructive dismissal through homophobia. Homophobia is a psychological concept which refers to the hatred of people after declaring their gay, lesbian or homosexual identities. This study reveals homophobic practices towards homosexuals as if they are not beneficiaries of contemporary democratic laws and dividends of democracy enshrined in Chapter 2 of the RSA Constitution of 1996 and Chapter 2 of the Employment Equity Act (EEA) 55 of 1998. To this, the research revealed an interesting corroboration in section 9(4) of the RSA Constitution of 1996, and section 6(1) of the EEA 55 of 1998, which provide that no person may unfairly discriminate another on the grounds of sexual orientation. The study has also revealed that among others, employment rights of people in South Africa and in foreign countries are being violated on the basis of sexual orientation. In most case laws, people who disclosed to their employers, that their gender identities are different to what was expected as straight genders and those who informed their employers about their intentions to undergo sex change surgeries are being hired and fired. The study also proved a point that when it comes to sexual orientation exclusion and discrimination, the same vulnerable groups of gays and lesbians are as well caught up in practices of sodomy and sexual harassments. Therefore, the remedies suggested by this research will also apply to everyone including gays and lesbians. To avoid controversy and issues, statutes and decided court cases have been stated as they are, in chapter 4 of this research, for the sake of comparative analysis in order to unravel the existing state of affairs through approaches from different jurisdictions.

This doctoral thesis deals with the regulation of non-standard employment in Southern Africa: the case of South Africa with reference to several other SADC countries. The growth and presence of non-standard employment since the 1970s has revealed an important concern in a number of countries, both at the global and national levels. The overall significance of non-standard employment has increased in recent decades in both developed and developing states, as its use has grown exponentially across economic sectors and employment. Non-standard employment is the opposite of the standard employment relationship, which is work that is full time and indefinite. Non-standard employment includes an unequal employment relationship between an employee and an employer. Some workers choose to work in non-standard employment, and the choice has positive results. Nonetheless, for the majority of workers, non-standard employment is associated with job insecurity, exploitation, and the absence of trade unions and collective bargaining. Non-standard employment can also create challenges for firms, the labour market and the economy, including society at large. Backing decent work for all entails a comprehensive understanding of non-standard employment and its ramifications. This study explores the regulation and protection of non-standard employment in Southern Africa with focus on South Africa. The study draws on international and regional labour standards, the South African Constitution of 1996, and the national experience to make policy recommendations that will ensure workers are protected, firms are sustainable and labour markets operate well. Social justice and the democratisation of the workplace cannot be achieved if workers in non-standard employment are excluded from the labour relations system. / Mercantile Law / LL. D.

Abstract The gap between the revenue generated by division one football players and the value of an athletic scholarship is the marginal revenue product of these athletes. Because of the monopsonistic behavior of the NCAA, division one institutions capture an economic rent from their student athletes. This paper measures the rents generated by NCAA division one football players in the six powerhouse conferences by using linear regressions based on variables such as university revenue, future NFL draft picks, undergraduate population, and weekly AP Top-25 rankings. This paper will inform its readers on how much money these student athletes are generating for the NCAA and their respective schools, and will provide understanding as to why there has been so much controversy regarding the payment of NCAA athletes.

The aim of this research is to investigate the implications of unfair dismissal within the boundaries of Omani labour law with particular relevance to the role of Shari’a. Shari’a itself does not provide a legal code, contract law, or a law of tort as yet but it does provide examples of applicable rules, supported with analogies, to deal with employment. The basic principles of forming a contract in Omani Commercial Law; English Law and Shari’a are similar; however, they differ in application. Likewise, the principles of the employment contract are similar with a few differences being seen in implementation; specifically with regards to unfair dismissal issues. This research used a qualitative approach that has enabled the generation and analysis of data from multiple sources including literature review, semi-structured interviews, court cases, Shari’a implied employment contract principles as found in the Qur’an, the Sunnah and relevant Islamic texts. The research shows that the main reasons for employee dismissal can be categorised into: poor performance, disobedience regarding the contractual rules and regulations, absenteeism, aggressive behaviour and an extreme critical attitude in the work-place. From the employee’s perspective, the main reasons for filing cases at Oman Courts were to seek justice, to obtain fair compensation or to highlight the moral values that form the Islamic code of practice. In contrast the employers considered seeking financial gain and revenge as the motivating factors for employees for filing court cases. There obviously is a mismatch to the reasons by each side and the key findings from this research suggest that there is a modest impact of the legal aspects of Shari’a on the Omani Law of Contract and the Employment Law though it is normally conceived by the public that Shari’a is the fundamental law that governs all aspects of muslim life. There needs to be an overwhelming expectation and requirement to develop procedures in the Omani Employment Law that expedite the process of dealing with dismissal cases and the propositions of establishing an arbitration committee may seem to be a way forward. In addition, the establishment of a Labour Court is paramount as at present the employment cases are heard in the Commercial Courts. This will align with the approach taken in the English system where the Employment Tribunals and the Employment Appeal Tribunal oversee cases and minimize delays in achieving justice. There is also a strong argument that there needs to be a review of Article 40/35/2003 that deals with employer rights to dismiss the worker without prior notice in order to establish a solid foundation for justice in the Sultanate of Oman. Unfair dismissal is a phenomenon that impacts on the employee, the employer, the employee’s wider family network and society. This study provides an in-depth understanding and insight into these impacts and into the capacity of Shari’a impact to address modern employment issues in relation to the labour laws and secular laws being used in Oman today.

This thesis examines the problem of skills shortages in the workplace by reviewing macro-policies, such as the Skills Development and Employment Equity Acts. It also looks at the impact of economic strategies in South Africa that seek to redress past injustices whilst stimulating growth. This study endeavours to provide a greater understanding of the development of skills in the South African workplace in general. It also attempts to determine whether or not skills acquired by employed workers help to sustain them when they become unemployed. Furthermore, it assesses the impact of changes in the workplace chosen for this study, whether it experienced segmentation and casualisation of the workforce and the manner in which it is affected by technological change. In conducting this study, a triangular approach has been adopted in order to collect more data on skill shortages; it adopted the qualitative and quantitative methods. In-depth interviews and semi-structured questionnaires were utilised to collect data from Durban Botanic Gardens’ Parks Department employees. The study found that previously disadvantaged workers face almost the same working conditions as during the days of apartheid. It also shows that progressive skills policies adopted by Government have not been appropriately implemented by various management structures. This study will assist the government, researchers and scholars in general in gaining a clearer understanding about skills development in South Africa. It also recommends that there is a need for the government to come up with mechanisms to ensure that all policies that are adopted are implemented effectively and monitored at all levels. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2008.

This dissertation focuses on indirect discrimination against women in employment. It briefly examines the causes of discrimination against women in the workplace. Further it explains the concept of indirect discrimination by tracing its origins in the United States of America and analyses the development of the law of indirect discrimination in the United States until the introduction of the Civil Rights Act of 1991. This analysis involves an examination of the elements involved in proving an indirect discrimination claim and the problems experienced in doing so. The British indirect discrimination laws and cases are then examined to the extent to which Britain deviates from the American approach. The comparative law discussion will indicate the problems that have become an inherent feature of indirect discrimination cases. The problematic nature of proving indirect discrimination necessitates a discussion of the common types of conditions and requirements that indirectly discriminate against women. It is against this background that the present South African legislation on indirect discrimination in employment is analysed and case developments reviewed. Finally, the proposals of the Green Paper on Employment Equity are examined. The recommendations for the introduction of a comprehensive discrimination statute; the introduction of an independent commission; and the formulation of a Code of Good Practice that will provide guidelines to employers, are supported. Further, recommendations are made for a flexible discrimination legislation that provides a broad legal framework which allows for development of the law; the necessity to address issues regarding administration and costs involved in implementing this legislation; the introduction of additional funtions of the independent commission relating to training and access to the law; and the adoption of a statutorily enforced affirmative action policy that addresses the inequalities faced by women in employment. / Thesis (LL.M.)-University of Natal, Durban, 1998.

This study was designed to identify correlates of success in Supported Employment (SE) programs for persons with psychiatric disabilities. Indiana policy-makers are seriously considering a managed care, or "capitated," system of payment to make SE provider programs more efficient economically. However, many agencies are concerned about providing services to more severely impaired individuals because of the potentially higher costs of serving these individuals. Two studies are included in this project. The goals of the first study were to identify SE consumer (clinical) characteristics that predict (1) successful outcomes, defined as whether the consumer achieves gainful work, and (2) program costs, defined as the amounts of SE service hours utilized by consumers who obtain work. In two large samples of SE consumers with serious mental illness, no clinical characteristics (e.g., diagnosis, rated functioning, hospitalization history) were associated with vocational outcome or service costs. The goal of the second study was to describe the types and amounts of services utilized by SE consumers who obtain work. Specific service categories associated with obtaining work were travel, training, and advocacy that was unrelated to the consumer's job. The implications of these findings are discussed in the framework of the debate over clinical versus empirical prediction. The need for a theoretical model of SE services that allows the use of predictive clinical and consumer driven services is also discussed. / Department of Psychological Science

This dissertation is the first study of state feminism in a non-western nation state, focusing on the activities and roles of the Women's Bureau of the Ministry of Labor in post-World War II Japan. While state feminism theory possesses a strong capability to examine state-society relationships in terms of feminist policymaking, it tends to neglect a state's activity in improving women's status and rights in non-western nations where the feminist movements are apathetic or antagonistic to the state and where the state also creates a vertical relationship with feminist groups. To apply the state feminism theory to examine activities of a state institute for women in non-Western nations, I created new analytical factors, domestic and international master frames, which show how policymakers and activists collaborate on policymaking at a domestic level and how policymakers utilize international standards to create the domestic master frame. Using the two-level-analysis of domestic and international politics in terms of creation of master frames together with the existing institutional and mobilizing structural variables, this dissertation presents a detailed study of the activities and roles of the Japanese women's bureau as an initiator and facilitator of gender equality in the process of agenda setting for the equal opportunity laws by utilizing international influence to persuade the opposition and as an interest mediator in the process of decision-making for them. The empirical evidence presented also demonstrates that the change of roles arose from the lack of the following factors: 1) limited resources and institutional capability caused by the marginalization of the women's bureau within the government, 2) the lack of a domestic master frame on the issue of gender equality between the women's bureau and women activists, and 3) the lack of mobilizing structures that provide women's groups the access to political decision-making to reflect their opinions. The combination of these factors hindered policymaking on gender equality and created a gradual and incremental progress toward gender equality in Japan. The way to gender equality in Japan is different from the western nations. Yet, this is a way that other non-western nations have also advanced and will follow in. / Thesis (Ph. D.)--University of Hawaii at Manoa, 2002. / Includes bibliographical references (leaves 253-274). / Mode of access: World Wide Web. / Also available by subscription via World Wide Web / xiii, 274 leaves, bound 29 cm

The main focus of this study is to determine how managers assess the implementation of the Employment Equity Act 55 of 1998 (hereafter referred to as Employment Equity Act) in the Department of Water Affairs. / Public Administration / M. Admin (Public Administration)