The thesis examines the effectiveness of the Kenyan labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The study provides a comprehensive discussion of the current legislative provisions and alternative dispute resolution (ADR) framework as recognised in both countries' national labour legislation as well as in a number of international labour standards instruments. In particular, the study illuminates and discusses the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. The study argues further that labour disputes should be resolved as quickly and informally as possible and at the lowest level possible. Similarly, disputes should ideally be resolved with little or no procedural technicalities, and without allowing them to drag on indefinitely. However, this study observes that there have been notable concerns in the current dual system of labour dispute resolution in Kenya. The problems include protracted referral timeframe for dismissal disputes, non-regulation of maximum timeframe for the agreed extension after 30 days conciliation period has lapsed, the absence of a statutory timeframe for appointing a conciliator/commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. The study argues for Kenya to incorporate provisions in its labour laws of a proactive and expeditious dispute resolution thereby helping to resolve labour disputes in the most effective and efficient manner without necessarily having to resort to the courts. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government of Kenya through the Ministry of Labour. There is still no independent statutory dispute resolution institution (Conciliation, Mediation Commission) as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increases in strikes and lockouts. Similarly, it has made the attainment of effective and efficient labour dispute resolution difficult. In view of that, a comparative approach with South Africa is adopted with a view to informing Kenya how the establishment of independent institutions similar to the Commission for Conciliation Mediation and Arbitration, Bargaining Councils and specialised labour courts can lead to effective dispute resolution in Kenya. Given above, the study provides a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study. Systematically, the study provides important suggestions and possible solutions for a better institutional framework and processes to address them. However, the study acknowledges that making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.

Jurisdiction is the power or competence of a Court to hear and determine an issue between parties, as well as the power to compel the parties to give effect to a judgment. The approach of a CCMA commissioner faced with a jurisdictional challenge is therefore an important issue that requires legal certainty. Unfortunately, our case law has not been uniform with regard to the various issues surrounding jurisdiction of the CCMA, for example: what facts need to be established in order for the CCMA to have jurisdiction and at what stage of the process should a commissioner deal with the issue of jurisdiction. The purpose of this treatise is to consider the various approaches of our courts to the issue of the jurisdiction of the CCMA and to determine what approach is practically best suited for CCMA commissioners when the issue of jurisdiction is in dispute. The research methodology is based on the various approaches of our courts to the jurisdiction of the CCMA as set out in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC). The more practical “third” approach as proposed by van Niekerk J, in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC), has been favoured by the Labour Court and the CCMA following the judgment. The correct approach of a commissioner when dealing with specific jurisdictional facts such as condonation and the jurisdiction of a bargaining council will further be considered. However, the predicament that commissioners face is that the Labour Appeal Court’s approach to jurisdiction is in conflict with that of the Labour Court’s approach. In conclusion, it is submitted that the Labour Appeal Court must pronounce on the issue of jurisdiction, taking into consideration the approach of the Labour Court as to create certainty regarding the correct approach of a commissioner when faced with a jurisdictional challenge.

This thesis focuses on the review of labour arbitration awards given under the auspices of the following bodies: the Commission for Conciliation, Mediation and Arbitration ("CCMA"), bargaining councils, statutory councils, accredited private agencies and private arbitration tribunals. The general grounds of review applicable to the arbitration awards of each body are set out. Against this background, the case of Carephone (Pty) Ltd v Marcus NO & Others (1998) 19 ILJ 1425 (LAC) is analysed and the principles pertaining to the justifiability test are clarified. The judicial rationale for the application of the test to CCMA arbitration proceedings and criticisms of the test are then examined. Currently the justifiability test applies in the review of CCMA proceedings only, so the judicial reasoning for the rejection of justifiability as a ground for private arbitration review is examined. Three approaches are suggested for the application of the justifiability test in private arbitration review. First it is proposed that the Arbitration Act could be interpreted to include the justifiability test under the statutory review grounds. Failing the acceptance of this approach, the second submission is that arbitration agreements could be interpreted to include an implied term that the arbitrator is under a duty to give justifiable awards. A third suggestion is that the law should be developed by attaching an ex lege term to all arbitration agreements requiring arbitrators to give justifiable awards. In the final chapter, the requirement of justifiability in awards given under the auspices of collective bargaining agents and accredited private agencies highlights the incongruity in applying the justifiability test in CCMA arbitration review and in rejecting this test in private arbitration review.

In order to fill the gap in existing research on the topic, this study was undertaken to establish whether a relationship exists between five sources of power and five conflict handling styles. A theoretical study regarding the concepts of power and conflict was undertaken. In the empirical study these variables were measured using the Power Base Index and Thomas-Kilmann Conflict MODE questionnaires. Reward power was significantly related to the competing and avoiding conflict handling styles; expert power was significantly related to the compromising style; and legitimate power was significantly related to the collaborating conflict handling style. The research contributes towards a better understanding of power and conflict in organisations and in supervisors' day-to-day management. However, the results indicate the importance of wider, more sophisticated research. / Industrial and Organisational Psychology / M. Com. (Industrial Psychology)

Text in Afrikaans / In enige arbeidsverhouding bly dit wenslik dat partye hulle onderlinge verpligtinge vrywilliglik sal nakom. Soms is dit nie moontlik vanwee die onderlinge wantroue tussen partye nie en daarom is di t belangrik om te let op wyses van afdwinging van nywerheidsraadooreenkomste, versoeningsraadooreenkomste en vasstellings en bevele van die Nywerheidshof. Nywerheidsrade en versoeningsrade is die instrumente wat daar gestel is sodat partye onderling kan beding om geskille te voorkom en ooreenkomste van onderlinge belang te beding. Daar is sekere regsgevolge verbonde aan die publikasie van sodanige ooreenkomste en as sodanig word dit as h vorm van ondergeskikte wetgewing beskou. Wat die afdwinging van sodanige ooreenkomste betref speel die strafsanksie h belangrike rol. Ooreenkomste word egter nie noodwendig gepubliseer nie en soms is die strafsanksie ook nie altyd die aangewese een nie. In sodanige gevalle sal daar na siviele sanksies gekyk moet word vir die afdwinging van sodanige ooreenkomste. Daarbenewens maak die Wet ook voorsiening dat sodanige ooreenkomste as h onbillike arbeidspraktyk ~n die Nywerheidshof afgedwing kan word. Die strafsanksie en die siviele sanksie het egter hulle tekortkominge en dus moet dear gekyk word na alternatiewe wyses vir die afdwinging van ooreenkomste. / Constitutional, International & Indigenous Law / LL.M

This research proposes to identify and evaluate intercultural perceptions and the promotion of black managers within the South African context from a qualitative perspective. A literature review is presented, which covers aspects of perception, culture, the self, and promotion. Cultural categories are analysed to identify relationships not considered in the literature. An interview questionnaire based on Osherson (1980) is constructed, which leads respondents through five areas: demographic characteristics, work identity, value system, cultural identity, and intercultural perceptions and promotion. Three case studies are analysed, the themes for each interview being integrated. Conclusions regarding possible new analytical categories, and recommendations in the form of a possible outline for future research, are presented . / Industrial and Organisational Psychology / M.Com (Industrial Psychology)

Thesis (MScAgric)--Stellenbosch University, 1969. / ENGLISH ABSTRACT: no abstract available / AFRIKAANSE OPSOMMING: geen opsomming

A research project submitted in partial fulfilment of the requirements for the degree of MA by coursework and Research Report in the field of Industrial Psychology in the Faculty of Humanities, University of the Witwatersrand, Johannesburg July 2017 / Workplace bullying is an unfortunate occurrence within organisations and has become a prevalent area of interest. However, research on workplace bullying and specifically its effect on work engagement within a South African context is rare. Additionally, research on the relationship between workplace bullying and personality traits is limited to the Big Five personality traits. This research thus broadened its range from the Big Five personality traits and focused on neuroticism, assertiveness, optimism, pessimism and hardiness. The research further assessed the moderating effect of personality on the relationship between workplace bullying and work engagement. The sample consisted of 200 white collar employees over the age of 18 that was obtained using a volunteer, snowball sampling method. The responses were obtained using survey methodology, which led to the cross-sectional nature of the study. Analyses of results were completed using a Pearson’s product moment correlation analysis and a moderated multiple regression analysis. The results from the Pearson’s product moment correlation mainly supported the hypotheses, however there were findings that countered the hypotheses, mainly assertiveness as this proved to be the most unexpected finding. The results from the moderated multiple regression showed that only neuroticism and pessimism moderated the relationship between workplace bullying and work engagement as opposed to assertiveness, optimism and hardiness that did not. The findings of this research thus contribute to the limited body of South African research investigating different personality types moderating the relationship between workplace bullying and work engagement. / XL2018

No description available.

This memorandum outlines the role of De Beers and its leading position in the international diamond industry. It is designed to give a brief overview of the “diamond pipeline” that leads from prospecting and mining of diamonds in remote parts of Africa and elsewhere to glamorous jewellers’ shops the world oven It looks particularly at the unique and important role South Africa plays in the diamond pipeline.