Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini-dissertation outlines the protection of rights of people living with HIV/AIDS in the workplace. It will highlight the fact that people living with HIV/AIDS can perform the work as long as they medically fit. It will show the need to promote anti discriminatory laws in the workplace. People think that HIV/AIDS can be transmitted through casual contact but that will be shown in the study that HIV/AIDS can not be transmitted by casual contact. The mini-dissertation also outlines the need to educate employees about their rights more particularly those living with HIV/AIDS in the workplace. Therefore policies such as affirmative action must be implemented to affirm several advantages to people living with HIV/AIDS. Equality is what people must enjoy in the country in terms of section 9 of the Constitution including people living with HIV/AIDS.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini-dissertation outlines the protection of rights of people living with HIV/AIDS in the workplace. It will highlight the fact that people living with HIV/AIDS can perform the work as long as they medically fit. It will show the need to promote anti discriminatory laws in the workplace. People think that HIV/AIDS can be transmitted through casual contact but that will be shown in the study that HIV/AIDS can not be transmitted by casual contact. The mini-dissertation also outlines the need to educate employees about their rights more particularly those living with HIV/AIDS in the workplace. Therefore policies such as affirmative action must be implemented to affirm several advantages to people living with HIV/AIDS. Equality is what people must enjoy in the country in terms of section 9 of the Constitution including people living with HIV/AIDS.

Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application process. Results indicated that, regardless of their offense, gender, and race, ex-prisoners were generally perceived to be less employable and less likely to have work-related characteristics such as honesty and the ability to communicate effectively.

The aims of the study were to determine if unfair discrimination in employment is being eliminated; to establish if a diverse workforce representative of the population is in the process of being achieved, and to find out if economic development and efficiency in the workplace is being promoted. The study made use of the organizational survey research method. Organizational surveys are powerful in: identification of opportunities for improvement, reality check, determining if a strategy is outdated and needs to change, measurement of performance improvements, changing mind-set of management, where necessary, increasing the commitment of people in the organization. The sample consisted of 166 participants. These participants comprised of 110 employees described as Crew Members and 56 employees described as Officers. All races were represented within the sample. In a population of 166 staff members at Natal Sharks Board, a sample of forty (40) participants was randomly selected. The sample was further subdivided into 20 Crew members and 20 Officers. The former 20 participants (Crew) were interviewed through medium of IsiZulu because most of them could not read or write. The latter 20 participants (Officers) were given questionnaires to fill-in. These questionnaires were in English. All 20 participants are competent English-speakers and could read and write. Data gathering took three weeks to complete. Collected data was analysed through quantitative and qualitative methods. The results and the findings of the study were presented according to the aims of the study. The findings according to aim number one, that is, to determine if unfair discrimination in employment is being eliminated; show that there is a change to eliminate discrimination at Sharks Board. The second aim, that is, to establish if a diverse workforce representative of the population is in the process of being achieved; show that there is a change in the diversity of the workforce. The last aim of the study, that is, to find out if economic development and efficiency in the workplace is being promoted at Sharks Board; shows that this process has began. / Thesis (MBA)-University of Natal, Durban, 2002.

The implementation of Employment Equity involves the Government’s Labour Department, employers, employees, trade unions, shareholders and customers. The Labour Department insists that a designated employer must prepare and implement an Employment Equity Plan which will achieve reasonable progress towards Employment Equity in that employer’s workforce. The focus of this study was to establish the impact of the implementation of Employment Equity and Affirmative Action in the workplace. This study focused on employees’ perceptions and attitudes towards the implementation of Employment Equity and Affirmative Action. The main variables addressed by this study included staff turnover, training & development, impact of Employment Equity Forums, staff morale and attitudes towards the call to end Affirmative Action. The objectives of this study were to establish the impact of Employment Equity on the following key business variables: promotions and career paths, employee retention, employee turnover, employee morale and employee working relationships. The study followed a quantitative approach with a web-based questionnaire which was constructed using an online questionnaire which was distributed to the respondents electronically. A non-probability sampling method was utilized to achieve set objectives. According to the findings, most employees have not benefited from the implementation of Employment Equity and Affirmative Action. This results to different views between previously disadvantaged groups, especially Africans and White males. The results showed that Whites are calling for an end to the implementation of Affirmative Action policies while Africans feel that Affirmative Action should carry on for a little longer. The implementation of Employment Equity and Affirmative Action negatively affects Whites’ morale at work and results to poor working relationships amongst different race groups. It is also observed from the findings that Employment Equity and Affirmative Action is not directly linked to job hopping, contrary to the general perception. It is witnessed from the study that those who have benefitted from Employment Equity and Affirmative Action were very supportive of it. In order to improve the effectiveness of Employment Equity organisations need to: provide training and development for appointees, develop career paths for individuals, and introduce Equity forums where employees can discuss challenges faced by Affirmative Action appointees. However, the principle of fairness has to be a part of all Equity practices. / Thesis (MBA)-University of KwaZulu-Natal, Westville, 2011.

South African affirmative action law in the workplace is in its infancy. Yet some concepts in this context have already proven to be unclear or in need of interpretation, or are lacking. This thesis focuses on the beneficiaries of affirmative action in employment law. The Employment Equity Act (EEA) creates `designated groups' ─ black people, women and people with disabilities ─ as the beneficiaries of affirmative action. It lays down two requirements for beneficiaries of affirmative action which are investigated: (a) beneficiaries must be from the designated groups - in this regard, the question that arises is whether, having been categorised as disadvantaged, persons are presumed to be de facto disadvantaged and entitled to benefit from affirmative action, or whether further evidence of actual past disadvantage is required; and (b) beneficiaries must be `suitably qualified'. In addition, citizenship as a third requirement for beneficiaries of affirmative action has been mooted in case law. This is evaluated against modern interpretation theory, the Constitution and discrimination law. Against the background of a comparative investigation of the position in the US and Canada, and under international law, specific findings and recommendations are made in respect of South African affirmative action law. These relate to the interpretation of the concept `disadvantage', to a pragmatic and contextualised approach to the notion `degrees of disadvantage', to the recognition of the concept `multiple disadvantage', to the clarification of the meaning and application of the concept `suitably qualified' in a code of good practice, and to a policy decision by government to ensure that affirmative action measures apply mainly to South African citizens who otherwise qualify to benefit. To this end, certain amendments to the EEA, its regulations and codes of good practice are proposed with the aim of ensuring that affirmative action measures in fact benefit those intended by the EEA. Some projections are made to indicate the way forward for affirmative action in South Africa. / Jurisprudence / LL.D.

O trabalho que segue tem como tema "Terceirização: violação ou concretização dos direitos fundamentais?". O título escolhido foi fruto de inquietações próprias do autor, no que concerne às modificações pelas quais vem passando a relação de trabalho. O método utilizado neste trabalho, com o auxílio de livros, periódicos e pesquisas, foi o dedutivo. A princípio, o autor faz uma análise acerca princípios fundamentais aplicáveis ao Direito do Trabalho. Posteriormente, foram analisadas algumas das formas atuais e atípicas de contratação de trabalhadores, frutos reformas flexibilizadoras do direito do trabalho, com foco especial sobre a terceirização na atividade-meio e atividade-fim. No decorrer do estudo, o autor faz um liame entre esses assuntos, numa tentativa de demonstrar que a terceirização, fundada no seu instrumento normativo (Súmula 331 do Tribunal Superior do Trabalho), atinge, de forma negativa princípios do direito do trabalho, abalando com toda a estrutura de proteção que sobre ele recai. Como poderá ser analisado, após muitas investigações, constata-se que a terceirização, legitimamente reconhecida pelo Estado, através da mais alta corte trabalhista do país, contraria princípios constitucionais de aplicabilidade para os trabalhadores, bem como direitos fundamentais

The term affirmative action originated in the United States some 30 years ago to describe a process of liberating minority groups. The objective of affirmative action within an organisational context, is to democratise the workplace by enabling members of previously disadvantaged groups to progress higher up the ranks of the corporate world. The affirmative action drive only took off in South Africa when it became part of the democratisation process and the focus was directed towards liberating the historically disadvantaged black majority. Prior to 1994, the reasons for implementing affirmative action programmes were largely political because of the race-based discrimination. Historically disadvantaged people were a minority in senior positions, the reason being that although the blacks were given a chance to compete with their white counterparts, due to their poor education standards and lack of experience only a few was appointed. The Employment Equity Act 55 of 1998 aims to correct the demographic imbalances in the nation’s workforce by compelling employers to remove barriers to advancement of blacks, coloureds, Indians, women and disabled, and actively to advance them in all categories of employment by affirmative action. The Employment Equity Act consists of two main sections. The first replaces and refines the prohibition on unfair discrimination in item 2(1)(a) of Schedule 7 of the Labour Relations Act. The second aspect deals with imposing a duty to the employers to adopt affirmative action programmes. The Employment Equity Act places a positive obligation on all employers “to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice”. Where unfair discrimination is alleged, the onus of proving that discrimination is fair, or practice is not discriminatory at all, rests upon the employer. Disputes about unfair discrimination must be referred to the CCMA, and if not settled by conciliation, to the Labour Court, which has the power to order compensation or the payment iv of damages, or to direct the employer to take steps to prevent the same unfair discrimination or similar practice occurring in the future in respect of other employees. The second section of the Employment Equity Act deals with the imposition of the duty to designated employers to adopt affirmative action programmes. All employers with more than 50 employees, or which have annual turnovers equal to or above the annual turnovers for small businesses of their class, municipalities, organs of state, and those designated as such by collective agreement, must implement affirmative action measures for people from designated groups. This entails consulting with employers, conducting an analysis of employment policies, practices, procedures and the working environment to identify barriers, drawing up employment equity plans and reporting thereafter to the Director-General of the Department of Labour on progress made in implementing the plan. Any employee may bring alleged contraventions of the Act to the attention of the employer, another employee, or any trade union, workplace forum, labour inspector or the Director- General of the Employment Equity Commission. Labour inspectors appointed under the Basic Conditions of Employment Act may enter and inspect employer’s properties and documents, and are responsible for ensuring that the employer has consulted with employees as required, conducted the pre-equity plan analysis prepared its plan and is implementing it, submitted and published its reports, set up the necessary managerial infrastructure, and informed its employees of progress. Should employers be found not to have complied with these requirements, labour inspectors must request a written undertaking that they will do so. If an employer fails to give such an undertaking, the labour inspector can issue a compliance order setting out inter alia what steps the employer must take and when, and the maximum fine, if any, that can be imposed if the employer fails to comply. If the employer does not pay attention to the compliance order within the prescribed period, the Director-General may apply to have it made an order of the Labour Court. The Director-General may also conduct independent ad hoc reviews of selected designated employers. Failure by an employer to comply with the provision of the Act lead to the employer being liable for the contravention of the Act.

LL.D. / This thesis critically evaluates the position of pregnant women (and women who have recently given birth) in the context of South African Labour Law and social security law, from both a comparative and a South African perspective. The fact that women fall pregnant and give birth to children, while men do not, raises issues of theoretical and practical importance in regard to equality issues. Pregnancy has historically been both the cause of and the occasion for the exclusion of many women from the workplace because of the practical difficulties many women face in reconciling the demands of paid work with family responsibilities – although there is no logical reason why women’s giving birth to children necessarily means that they should have primary responsibility for childcare. The underlying premise which underpins the subject matter of this thesis is that pregnant women are unfairly discriminated against in the workplace. While it cannot be denied that men and women are different and that the biological fact of pregnancy is a state unique to women, this “difference” has resulted in gender discrimination, and, more germane to this thesis, in pregnancy discrimination in the jurisdictions to be considered, namely, the United Kingdom, the European Union, SADC and South Africa. This thesis concentrates on various issues pertaining to pregnancy and maternity protection and emphasises the seemingly irreconcilable dichotomy between the desire to recognise and accommodate women’s unique role as child-bearers and the desire to achieve parity between the sexes in regard to conditions of employment, remuneration and general benefits. The central dilemma is whether women can be treated as equal to men in regard to opportunities, entry to the workplace and remuneration, on the one hand, and yet be treated in a special way when it concerns childbearing and childrearing, on the other. In this thesis it is argued that men and women are different and that social justice cannot therefore be achieved by equal treatment. In facing this challenge, legislatures and courts have become ensnared in the dichotomy of equality and distinction, and the question considered here is whether South Africa is fulfilling its constitutional and international obligations regarding the equal treatment, and the granting to them of equal opportunities and reasonable accommodation. This thesis develops an appropriate and relevant paradigm for pregnant women in the workplace. It identifies and highlights the existing deficiencies and lacunae in the South African legal system inherent in both labour law and social security law, and develops proposals for the possible amendment of the existing legislative framework by drawing largely on international, supranational, foreign and regional jurisdictions and by critically evaluating the current South African maternity terrain, particularly in the light of South Africa’s developing constitutional jurisprudence.

rhe research study investigated the factors necessary for the development of an organizational retention ;trategy for a financial organization pertaining to key equity employees. Equity employees are those employees jescribed as such in the Employment Equity Act 55 of(1998). Bussin's (2002) Total Rewards Model was used as the theoretical framework for the study. The investigation was conducted within an interpretive paradigm and employed a qualitative methodology. Thematic analysis was used in the interpretation of the three data sources gained access through the data collection process. A previously completed employee relationship audit's findings, and the data derived from nine exit interviews formed the basis for the twenty-four semi-structured individual interviews, which were conducted with a sample ofthe employees. A purposive sampling technique enabled the identification of particular employees, who were the equity participants in the study. An additional component of the Total Rewards Model, namely Talent Management was identified from an analysis of the results. Six salient factors were highlighted in the investigation. The factors identified were: A need for a short-term incentive plan, which would provide recognition above and beyond an employee's monthly salary. The need for career development opportunities. The utilization of new skills from the training initiated by the organization. The representation of women and Black people in senior management positions. The need for formal performance support. The standardization of the recruitment process, the management of unrealistic or unattainable expectations and listening to employees' concerns. / KMBT_363 / Adobe Acrobat 9.54 Paper Capture Plug-in