Prior to the Constitutional Court's decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and Arbitration applied the "reasonable employer"–test to determine whether a specific sanction, issued by an employer, was fair. The "reasonable employer"–test provided a lot of flexibility to employers to dismiss employees for misconduct, as employers' decisions to dismiss were "protected" from scrutiny by the CCMA. The Constitutional Court replaced the "reasonable employer"–test, which required a measure of deference to the decision of the employer, with that of the "reasonable decision maker"–test, which required an answer to the question whether the decision reached by the commissioner was one that a reasonable decision maker could not reach? This meant that in the event that the decision reached by the commissioner was one that a reasonable decision maker could not reach, that the decision of the commissioner will be overturned on review. The change in test from a "reasonable employer" to that of a "reasonable decision maker" had significant implications for employers who are instituting disciplinary action against their employees and subsequently imposing the sanction of dismissal, as commissioners are no longer allowed to "defer" to the decision imposed by employers. The Sidumo test also have implications for employers who are seeking to take decisions of the CCMA on review, as londo JP held in Fidelity Cash Management Service v CCMA 2008 29 ILJ 964 (LAC) that it will not be often that an arbitration award is found to be one that a reasonable decision maker could not have made. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011.

This thesis focuses on the institute termination of employment from the legal and economic point of view. From a legal perspective, it is mainly about the presentation of the most common ways of termination of employment, including acquainting the reader with a steady legal interpretation. From a microeconomic point of view, the termination of employment relates to the consequences for employers and employees and from a macroeconomic perspective, with consequences for the whole society. This is followed by a practical part which connects the foregoing and the current example of OKD Inc., which employs nearly 10 thousand employees and currently finds itself in serious financial difficulties, the state estimates the costs associated with the mass redundancies at different alternatives. These variants are bankruptcy or reorganization provided financial assistance to the state. At the conclusion of the two calculations are compared and outlines a list of partial measures to mitigate the effects of similar events in the future.

Magister Philosophiae - MPhil / In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to concepts such as globalisation. Globalisation came with some implications and impact that have been widely debated.2 The democratic transition brought a significant change to the job spectrum, generating an increase in Temporary Employment Service (TES) and a decrease in permanent employment.3 The reasons leading to this increase are that subcontracting is beneficial to employers in that this process results in the transferral of social risks to the subcontractor, reducing direct exposure to labour legislation.4 Regarding the pertinence of this issue, the Congress of South African Trade Unions (COSATU), the biggest union federation in the country, and the ruling party, the African National Congress (ANC), have long called for the elimination of labour brokers.5 COSATU, in its presentation to the Portfolio Committee on Labour in 2009, argued that labour brokers act as intermediaries to access jobs that allegedly exist, and which in many cases would have existed previously as permanent full time jobs.6 On the other hand, political organisations, such as the Democratic Alliance (DA), Congress of the People (COPE) and Business Unity South Africa (BUSA), have called for the regulation of labour brokers.7 These organisations argued that competition among businesses has increased over the past few decades. Therefore, in order to remain competitive, it is imperative to enhance technology and to adopt flexibility regarding human resource processes to minimise costs and to allow companies to broaden their investment based on the positive turnover that will occur. The continuing point of view of the opposition political coalitions has been to boost the corporate.

This diploma thesis provides the legal regulation of termination of employment by agreement in the Czech Republic. This diploma thesis focuses on the definition of the basic concepts of civil and labor law in the Czech Republic, which are related to the legal institute of Mutual agreement of termination of employment and interprets the fundamental judicial decisions of the Czech case law concerning the subject of this diploma thesis. This diploma thesis also analyses the comparison of the Czech legislation and the legislation of Great Britain. Název práce v anglickém jazyce The termination of employment by agreement Klíčová slova v anglickém jazyce (key words) Employment law, Employment relationship, Termination of employment by agreement

Magister Philosophiae - MPhil / In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to concepts such as globalisation. Globalisation came with some implications and impact that have been widely debated.2 The democratic transition brought a significant change to the job spectrum, generating an increase in Temporary Employment Service (TES) and a decrease in permanent employment.3 The reasons leading to this increase are that subcontracting is beneficial to employers in that this process results in the transferral of social risks to the subcontractor, reducing direct exposure to labour legislation.4 Regarding the pertinence of this issue, the Congress of South African Trade Unions (COSATU), the biggest union federation in the country, and the ruling party, the African National Congress (ANC), have long called for the elimination of labour brokers.5 COSATU, in its presentation to the Portfolio Committee on Labour in 2009, argued that labour brokers act as intermediaries to access jobs that allegedly exist, and which in many cases would have existed previously as permanent full time jobs.6

Due to employees’ reduced entitlements to the German statutory state pension on the one hand, and the challenge to employers of a skilled worker shortage on the other, employers’ contributions towards occupational pension schemes (OPS) might be an effective human-resources management tool. Thus, the overarching research question is: What is the relevance of OPS for the employment relationship in Germany? Five sub-research questions address the role of OPS in recruitment and retention management, organisational commitment, the potential differences between women and men and between young and old employees and the employees’ psychological contract. The empirical study is a single case study in the financial-services sector. Key findings: OPS are of more relevance for retaining employees than for recruiting them. Their role differs significantly between employees with different generations of the OPS and, therefore, different pension entitlements. Only minor differences can be found between women and men and between younger and older employees. Satisfaction with the occupational pension scheme has no significant impact on organisational commitment. The majority of employees perceived psychological contract fulfilment with respect to the OPS. The contribution to theory is the closure of five research gaps. As far as is known, this is the first study in Germany that analyses the role of OPS in a specified context and from multifaceted viewpoints (recruitment/retention, quantitative/qualitative, men/women, age groups). The contribution to practice comprises the provision of a transferable analysis blueprint of the role of OPS in the employment relationship and the provision of recommendations that relate, among others, to communication and information aspects, cost-benefit calculations and the usage of additional employer contributions as a possible selective reward element.

Globally the domestic worker sector is characterised by a sense of “voicelessness”—an esoteric silence fuelled by a dire need to survive. South Africa is heralded as a global ambassador for the rights of these women. Significant sectoral reforms in recent years regulate the transactional element of this employment relationship through stipulated minimum wages and employment standards. The relational element of this engagement, however, remains underexplored. A decade of global scholarship detailing the hardships that characterise this sector has helped to uncover the plight of domestic workers. The study provided the participants with an opportunity to express their experiences and feelings, and the documented findings will hopefully stimulate more scholarly debate on this issue. It is hoped that the study will engender more sensitivity towards the needs of this vulnerable group of workers and promote positive employment relations within the South African labour market. The study describes the lived realities of domestic workers within the South African labour legislative context through five separate but interrelated journal articles. Article 1 provides a detailed “plan of action” that documents the initial considerations and rationale for the study. Guided by existing scholarly discourse, the research questions are highlighted and the proposed research design is presented. Issues related to trustworthiness are debated. This article constitutes the research proposal that was submitted during the initial phase of this research journey. Article 2 presents a transparent account of the methodological considerations that guided the co-construction of meaning within the South African domestic worker sector. Situated within the interpretivist paradigm, with phenomenology as theoretical underpinning, purposive respondent-driven self-sampling resulted in the recruitment of 20 female participants. All of them can be described as domestic workers in terms of Sectoral Determination 7. The pilot study indicated the value of using metaphors while exploring tentative topics. An interview guide facilitated the exploration of key concepts during our engagement. Rich, dense descriptive verbatim accounts of participants’ lived realities confirmed data saturation. In-depth interviews were transcribed and analysed through an inductive process of data reduction. Emanating themes confirmed that the South African domestic workers sector is far from being voiceless if we are only willing to listen. Making these voices heard constitutes a progressive step in future efforts to empower this neglected sector of the labour market. In article 3 a life-cycle approach is used to explore participants’ lived experiences of their work-life cycle. Each individual progresses through these various phases which are contextualised as a transitional process as a result of their unique circumstances and personal trajectory. Findings confirmed the existence of an institutionalised culture of engagement within the sector perpetuated from one generation to the next. Attempts to exit the sector are unsuccessful due in part to their limited formal education and skills repertoire. The article concludes with the notion that domestic workers are trapped within a never-ending cycle of sectoral engagement, and the possibility of exiting the sector remains “but a dream” for many. Article 4 focusses on the reciprocal interpersonal relatedness that often develops due to the prolonged engagement within the individualised sectoral employment context. Characterised by caring and connectedness, this mutually dignified treatment not only signals but also enhances human flourishing. Participants’ accounts of relational reciprocity are indicative of the enactment of cardinal Ubuntu principles within the employment context. The need for actions that surpass the “letter of the law” in order to enhance flourishing within the South African domestic worker sector is advocated. Article 5 explores the role that legislative awareness fulfils in the everyday lives of domestic workers. Findings indicated that empowerment was an unknown construct for all participants. The participants had little or no confidence in engaging their employers on employment issues; this was due in part to their limited legislative awareness. Domestic workers should thus take ownership of their own empowerment efforts. This will sanction their right to assert their expectations of employment standards with confidence and make use of the judicial system to bring about compliant action. The article concluded with the notion that legislative awareness can result in empowered actions though informed employee voices. / PhD (Labour Relations Management), North-West University, Vaal Triangle Campus, 2014

Globally the domestic worker sector is characterised by a sense of “voicelessness”—an esoteric silence fuelled by a dire need to survive. South Africa is heralded as a global ambassador for the rights of these women. Significant sectoral reforms in recent years regulate the transactional element of this employment relationship through stipulated minimum wages and employment standards. The relational element of this engagement, however, remains underexplored. A decade of global scholarship detailing the hardships that characterise this sector has helped to uncover the plight of domestic workers. The study provided the participants with an opportunity to express their experiences and feelings, and the documented findings will hopefully stimulate more scholarly debate on this issue. It is hoped that the study will engender more sensitivity towards the needs of this vulnerable group of workers and promote positive employment relations within the South African labour market. The study describes the lived realities of domestic workers within the South African labour legislative context through five separate but interrelated journal articles. Article 1 provides a detailed “plan of action” that documents the initial considerations and rationale for the study. Guided by existing scholarly discourse, the research questions are highlighted and the proposed research design is presented. Issues related to trustworthiness are debated. This article constitutes the research proposal that was submitted during the initial phase of this research journey. Article 2 presents a transparent account of the methodological considerations that guided the co-construction of meaning within the South African domestic worker sector. Situated within the interpretivist paradigm, with phenomenology as theoretical underpinning, purposive respondent-driven self-sampling resulted in the recruitment of 20 female participants. All of them can be described as domestic workers in terms of Sectoral Determination 7. The pilot study indicated the value of using metaphors while exploring tentative topics. An interview guide facilitated the exploration of key concepts during our engagement. Rich, dense descriptive verbatim accounts of participants’ lived realities confirmed data saturation. In-depth interviews were transcribed and analysed through an inductive process of data reduction. Emanating themes confirmed that the South African domestic workers sector is far from being voiceless if we are only willing to listen. Making these voices heard constitutes a progressive step in future efforts to empower this neglected sector of the labour market. In article 3 a life-cycle approach is used to explore participants’ lived experiences of their work-life cycle. Each individual progresses through these various phases which are contextualised as a transitional process as a result of their unique circumstances and personal trajectory. Findings confirmed the existence of an institutionalised culture of engagement within the sector perpetuated from one generation to the next. Attempts to exit the sector are unsuccessful due in part to their limited formal education and skills repertoire. The article concludes with the notion that domestic workers are trapped within a never-ending cycle of sectoral engagement, and the possibility of exiting the sector remains “but a dream” for many. Article 4 focusses on the reciprocal interpersonal relatedness that often develops due to the prolonged engagement within the individualised sectoral employment context. Characterised by caring and connectedness, this mutually dignified treatment not only signals but also enhances human flourishing. Participants’ accounts of relational reciprocity are indicative of the enactment of cardinal Ubuntu principles within the employment context. The need for actions that surpass the “letter of the law” in order to enhance flourishing within the South African domestic worker sector is advocated. Article 5 explores the role that legislative awareness fulfils in the everyday lives of domestic workers. Findings indicated that empowerment was an unknown construct for all participants. The participants had little or no confidence in engaging their employers on employment issues; this was due in part to their limited legislative awareness. Domestic workers should thus take ownership of their own empowerment efforts. This will sanction their right to assert their expectations of employment standards with confidence and make use of the judicial system to bring about compliant action. The article concluded with the notion that legislative awareness can result in empowered actions though informed employee voices. / PhD (Labour Relations Management), North-West University, Vaal Triangle Campus, 2014

The thesis focuses on regulation of transfer of undertakings in the European Union and Czech law as defined by the Directive 2001/23/EC, the so called Acquired Rights Directive. Transfer of undertaking is a term used in labour law to describe a situation of change of employer as a result of legal transfer or merger. The aim of this thesis is to analyse the EU and Czech legal regulation of transfer of undertaking, especially with respect to the case law, its employment consequences, to mutually compare both regulations and finally to examine whether the Czech implementation complies with the Directive. The thesis is composed of four chapters. The first chapter is introductory and analyses the basic terminology of Czech labour law regarding employment relationship, its components and alterations, in particular the alteration of parties to employment relationship. The second chapter deals with the EU regulation of transfer of undertakings under the Acquired Rights Directive and abundant case law of the Court of Justice of the European Union. It starts with brief description of history of respective legal regulation and then describes the temporal, personal and territorial scope of the Directive. However, the scope that is the most complicated to define is the material scope, i.e. the range of cases to...

The thesis deals with the topic of transfer of rights and obligations arising from employment relationship. On the European level this institute is governed by Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. On the domestic level, the regulation can be found in the Labour Code in Chapter XV, Part Thirteen in § 338 et seq. The thesis concerns with both regulations and examines the implementation of the Directive into Czech law. It also compares the approach of CJEU and Supreme Court of Czech republic to this issue. The topic is at first briefly introduced in the introduction. The second chapter clarifies the basic terms. Core of the thesis is the third and in the fourth chapter. Big part of the thesis is devoted to defining the scope of the regulation, that means the determination of cases, when it is aplicable. The first part of the third chapter describes the regulation of the directive and the development and current view on this issue of CJEU. The directive applies in cases of transfer of an economic entity which retains its identity. The second part of the third chapter is devoted to its equivalent in the Czech law. The Labour...