published_or_final_version / Comparative Asian Studies / Master / Master of Arts

Call number: LD2668 .T4 1933 H82

Thesis (MBA)--Stellenbosch University, 2002. / Some digitised pages may appear illegible due to the condition of the original hard copy. / ENGLISH ABSTRACT: The recent discussions regarding the relations between the government and industry have highlighted the importance and continuous changes that have been investigated, tried and tested by the tri-part alliance since its inception. A study was conducted of all the current issues and changes in labour legislation and its impact on the labour market. Due to the continuous changes and heated debates, not to mention regular strikes and negotiations by those parties and their representatives, this topic is heated and ever changing. / AFRIKAANSE OPSOMMING: Die onlangse onderhandelinge en besprekings betreffende die verhouding tussen die regering en industrie plaas klem op die belang van en gereelde veranderinge wat ondersoek, geimplimenteer en getoets is deur die drieledige alliansie sedert laasgenoemde se ontstaan. 'n Studie is gedoen van die huidige kwessies en veranderinge in arbeidswetgewing en die impak daarvan op die arbeidsmark. Die gereelde veranderinge in wetgewing en soms hewige debatvoering tussen die betrokke partye, bo en behalwe die gereelde stakings en onderhandelinge deur daardie partye en hul verteenwoordigers, maak hierdie onderwerp baie sensitief en stel dit bloot aan gereelde ondersoek en verandering.

published_or_final_version / Business Administration / Master / Master of Business Administration

This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party.

LL.M.(Commercial Law) / Generally, as can be seen from the case law dealing with the enforcement of covenants in restraint of trade, it is the employee himself or herself that terminates the employment relationship, ie resigns, often with the hope of moving to greener pastures at a competitor of the former employer or to start a competing business. Once in a while, however, it is the employer who terminates the employment relationship, ie a dismissal occurs, and the employee then wishes, as a result, to move to greener pastures. It is these occasional events, and the enforcement of restraints of trade in such events, that are the subject of the current research. The research commences by considering the South African law surrounding covenants in restraint of trade and the relevant principles of labour law, including the impact of the Constitution of the Republic of South Africa, 1996. The legal position regarding the effect of unfair terminations of employment on the enforceability of a restraint of trade is then carefully considered. It is found that while employers are obliged to deal fairly with their employees, this entitlement is based in labour law and not in the law of contract. Accordingly, should an employee feel aggrieved by the manner in which he or she was treated, the employee should look to the remedies enunciated in the LRA related to fairness and is not free to seek contractual remedies, over and above those provided for in the LRA. If employees believe that the LRA does not sufficiently satisfy their grievance, they are obliged to challenge the LRA. In this sense, an employee who seeks to oppose the enforcement of a restraint of trade on the basis of an unfair dismissal must be mindful of the alternative remedies (aimed at protecting the rights of employees) available in terms of the LRA which carry substantial clout for the employee. By ignoring such remedies, one compounds two separate fields of law, namely the law of contract and labour law. It is therefore concluded and recommended that these different fields of law be kept separate and distinct, with each being subject to its own remedies.

No description available.

Univ., Diss.--Paris.

Thesis (Ph. D.)--ha-Universiṭah ha-ʻIvrit bi-Yerushalayim, Jerusalem, 1980. / Abstract in English. Title on added t.p.: The status of the labourer and the relationship between employers and employees in the Talmudic and Midrashic literature. Errata slip inserted. Includes bibliographical references (leaves 197-208).

Thesis (doctoral)--Universität, Leipzig, 2003. / Includes bibliographical references (p. [164]-185) and index.