Spelling suggestions: "subject:"labor disputes.forth africa"" "subject:"labor disputes.forth affrica""
1 |
The perceptions of educators, in the Queenstown education district, of the labour dispute resolution systemRataza, Themba Theophilus Unknown Date (has links)
The objective of this study is to conduct a survey concerning the perceptions of educators in the Queenstown education district of the labour dispute resolution system. The education department is one of the biggest departments in the Eastern Cape’s Provincial Administration system. The likelihood of disputes is high when there are many employees. The focus of the study therefore is on how educators perceive the role of the department in terms of ensuring that labour disputes with the department are resolved efficiently and speedily. The advent of a democratic dispensation resulted in the ushering in of progressive labour legislation such as Labour Relations Act 55 of 1995. The objective of this Act is to facilitate economic development, social justice, labour peace and democratization of the workplace. In other words this Act gave birth to the manner in which labour disputes should be resolved. The study was carried out not only to explore the perceptions of educators but also with a view to making recommendations on the findings in order to help contribute towards labour peace and productivity in the workplace. The attitudes of one hundred and forty-one educators were surveyed via questionnaires and six educators who have had labour disputes with the department were interviewed. The key findings of the study revealed that both the educators who were surveyed and those interviewed lack confidence in the effectiveness of the labour dispute procedures in the district; they perceive the system as being inaccessible to them; time taken to resolve disputes is too lengthy; the system lacks necessary independence from the department of education or government and the department is seen as not adhering to its own policies and legislation. Hence there are many disputes and there is a great need for more awareness and for improved training in handling labour dispute resolution systems for district officials and educators. The study recommends more awareness and training sessions for both district officials responsible for labour relations and educators at large. It also calls for an increasingly proactive role by teacher unions in partnership with the department of education to avoid labour disputes. Although the findings cannot be generalized toother districts of the province, they do however highlight critical areas in labour dispute resolution where attention can be paid and focus made in order to ensure labour peace in the workplace for improved productivity and effective teaching and learning.
|
2 |
"Contingent organisation" on the East Rand : new labour formations organising outside of trade unions, CWAO and the workers' Solidarity Committee.Zuma, Nkosinathi Godfrey January 2016 (has links)
Research report for the degree of Master of Arts in Industrial Sociology, submitted to the Faculty of Humanities, University of the Witwatersrand, Johannesburg / This research paper studied the recent labour unrest in the East Rand as there has been a rise in the number of marches and demonstrations led by the precarious workers to several workplaces. [No abstract provided. Information taken from introduction] / 2017
|
3 |
The variation of conditions of employmentHoro, Lindile January 2002 (has links)
This paper seeks to bring clarity to a number of issues that arise from a process resulting from the unilateral variation of terms and conditions of employment and the conflict management and dispute resolution processes. The variation of employment terms particularly when it is driven by one party to the employment relationship can cause instability, insecurity, confusion and uncertainty to the parties involved. The nature of work is not constant and therefore changes are inevitable. This then has an effect of bringing disorder not only to the employer-employee relationship but also to the labour relations balance. In many instances and depending on whether it is the employer or employee who propagates the changes, the reasons to alter the conditions are different. Employers usually cite operational or economic reasons that are meant for the survival of the business as the need to make the changes. From the employees’ side the changes are necessitated by reasons aimed at a move from protecting the favourable employment conditions already acquired to improving them or attaining more. In the event that the parties to the employment relationship do not agree to the changes proposed and implemented, a dispute usually arises. This results from the failure of a consultation process, negotiations, persuasion or collective bargaining in general. In essence such a dispute arises from absence of consent to the changes. The failure of a bargaining system requires the process to assume a new nature. The dispute resolution systems and the conflict management systems follow as both the appropriate and necessary steps. The bargaining power together with the intervention of the third party is at the centre of this phase. The parties, depending on the nature of the dispute, the conditions that iv are changed and who are affected by the changes, have choices on what dispute resolution mechanisms to employ. The choice made has a huge impact on both the outcome required in the form of recourse, how the dispute will be resolved or how the conflict will be managed. There is legislative intervention with regards to the resolution of the conflictual scenarios that arise from disputes on unilateral variation of terms and conditions of employment. There are also non-statutory measures available to the parties. The choices are vast as to when can the variation take place, the reasons for the changes, the parties involved, the possible dispute resolution mechanisms, what can be varied and whether the unilateral implementation can be viewed as fair.
|
4 |
The effects of industrial labour disputes on development in South AfricaMgubo, Xolelwa January 2017 (has links)
On 16 August 2012, the South African Police Service fired upon striking miners in Marikana, South Africa, resulting in the death of 34 mineworkers. The purpose of this study is to examine the effects of protracted violent industrial labour disputes on socio-economic development in South Africa. The study explores the root causes of labour disputes in Marikana and considers strategies that can be employed to avoid similar violent and destabilising strikes in the mining and other industries. This research confirms that presumably the pursuit of wage increase is still the primary cause of violent strikes in the country. Furthermore, the research shows clearly that working hours, work conditions, sympathy, and demands from employees and trade unions are major causes of labour disputes. The findings also show that amongst other things participation of employees in work related issues like policy formulation can reduce prevalence of labour disputes. The study also reveals that communication between workers and employees in work places can help both parties to discuss issues before extreme measures are taken.
|
5 |
Beregting van arbeidsgeskille deur middel van privaat arbitrasieRalph, Malinda 12 August 2015 (has links)
LL.M. / Please refer to full text to view abstract
|
6 |
Industrial psychological perspectives regarding labour unrest in the South African mining sectorSegal, Kelly Megan 14 October 2015 (has links)
M.Phil. (Industrial Psychology) / The primary purpose of this exploratory research study was to qualitatively explore industrial psychological perspectives regarding labour unrest within the South African mining sector from the period 2008 - 2011. This was done owing to the lack of literature pertaining to the field of industrial psychology in this regard. In order to achieve the above objective, semi structured interviews were conducted with industrial psychologists working in practice and associated directly with the mining sector. Additionally, semi structured interviews were conducted with industrial psychologists working in academia, which served as a peer review, hence making the outcome of the study more credible. The interviews were recorded and transcribed and thereafter, thematic content analysis was conducted in order to identify prominent, recurring themes associated with industrial psychological perspectives regarding the subject matter ...
|
7 |
The 1999 public service wage dispute and strikeOrlandi, Nelia 12 1900 (has links)
Thesis (MBA)--Stellenbosch University, 2000. / Some digitised pages may appear cut off due to the condition of the original hard copy. / ENGLISH ABSTRACT:
This assignment explores the issues surrounding conflict resolution in the South
African Public Service and the expression of organised conflict with reference to the
1999 Public service wage dispute and strikes. The public service being part of the
generic framework of the public sector is, in terms of employment, South Africa's
single, largest employer. National Departments and Provinces reflect almost 70% of
the Public Sector.
Employment in the public sector used to be considered relatively stable and secure.
Public sector employees were thus not seen as requiring protection from
retrenchment. Employees had no bargaining rights and functioned outside the ambit
of the Labour Relations Act (No 24 of 1956).
In 1994, the Government of National Unity realized the importance of the South
African public service, the major role it had to play in the reconciliation, reconstruction
and development process in South Africa and thus the need for administrative
transformation.
The Public Service Labour Relations Act 1994 was replaced by the new Labour
Relations Act (No 66 of 1995) in 1995. This Act now covers both the private and the
public sector workers. The new legislation was an important step towards the
creation of a machinery for collective bargaining. The Act made provision for the
establishment of a Public Service Coordinating Bargaining Council and provided a
model for collective bargaining, based on effective negotiating structures.
According to the International Labour Organization, mediation and conciliation
procedures are still the most frequent methods for settling economic disputes in the
public service. In South Africa, the new Labour Relations Act introduced the
Commission for Conciliation, Mediation and Arbitration.
Since 1994, several problems have beset most public service workers because of the
transformation process and workers started showing increasing interest in unionisation, mostly for the protection and the fulfillment of their needs. Wages were
the single most important factor causing labour action and in 1999, a total of 3,1
million man-days were lost due to labour action. According to Ms Geraldine Fraser-
Moleketi, minister of the Public Service and Administration, government and the
unions should share the process to design a more suitable and manageable system
of remuneration policy to prevent disputes such as the 1999 wage dispute in the
future.
The negotiations on the 1999 wage dispute took place over a record of 140 days.
Public service unions rejected government's wage offers several times until the
minister unilaterally implemented government's final offer of an average of 6,3%
increase. This sent a tremor through the alliance and prompted joint action by Cosatu
and Fedusa affiliated unions.
Unions were caught completely unaware and dropped their demands from a 10%
increase to 7,3%. Public servants took industrial action again, but the government still
did not make a new offer. Minister Trevor Manuel warned that the government could
not afford further increases.
By September, union leaders still had faith that president Thabo Mbeki would indicate
that talks would be resumed, but doors for future negotiations did not open. Ms
Geraldine Fraser-Moleketi maintained that the government had gone out of its way
to ensure a settlement. At the time of writing, the dispute is still continuing.
Note:
As most of the information regarding the Public Service Wage strike was obtained
from the press, all articles referred to are included as an appendix. To facilitate the
reference to these articles, a specific form of reference, namely 'PC n', was used in
the relevant sections, the prefix 'PC' denoting that a press cutting has been referred
to and the subscription 'n' denoting the relevant page number of the article contained
in the appendix. The sources of the press cuttings (PC) are contained in the list of
sources. / AFRIKAANSE OPSOMMING:
Hierdie werkstuk ondersoek die aangeleenthede rondom konflik hantering in die
Suid-Afrikaanse Staatsdiens en die uitdrukking van georganiseerde konflik met
verwysing na die 1999 Staatsdiens Salaris Dispuut en Stakings.
In terme van indiensneming is die staatsdiens in Suid-Afrika as deel van die publieke
sektor die grootste enkel werkgewer. Nasionale Departemente en Provinsies
reflekteer ongeveer 70% van die Publieke Sektor.
Arbeid in die publieke sektor was voorheen redelik stabiel en verseker; dus was daar
geen nut vir die beskerming van amptenare teen afdanking. Werkers het geen
onderhandelingsregte gehad nie en het buite die raamwerk van die
Arbeidswetgewing (No 24 of 1956) gefunksioneer.
In 1994 het die nuwe regering van nasionale eenheid die belangrikheid van staatsamptenare
en die rol wat hulle moet speel in die rekonstruksie en ontwikkelingsproses
in Suid-Afrika besef en dus ook die behoefte vir transformering van die diens
ingesien.
Die Staatsdiens Arbeidswetgewing van 1994 is vervang deur die nuwe
Arbeidswetgewing (No 66 van 1995) in 1995, wat beide staatsamptenare sowel as
die privaatsektor insluit. Dit was ook 'n belangrike stap in die bevordering van
kollektiewe bedinging. Die wet het voorsiening gemaak vir die vestiging van die
Staatsdiens Koordinerings Bedingings Raad en 'n model vir kollektiewe bedinging,
gebasseer op effektiewe onderhandelingsstrukture.
Volgens die Internasionale Arbeidsorganisasie is mediasie en konsiliasie prosesse
steeds die mees algemene metodes vir die hantering van ekonomiese dispute in die
staatsdiens. In Suid-Afrika het die nuwe Arbeids Wetgewing voorsiening gemaak vir
die instelling van die Kommissie vir Konsiliasie, Mediasie en Arbitrasie.
Sedert 1994 het verskeie probleme vir staatsamptenare ontstaan as gevolg van die
transformasie proses en amptenare het meer en meer belangstelling getoon in unie
lidmaatskap om hulle belange te beskerm.
Salarisse is dié belangrikste enkel faktor wat arbeidsonrus veroorsaak. In 1999 het
daar 'n totaal van 3,1 miljoen werksdae verlore gegaan as gevolg van stakings.
Die 1999 salaris dispuut en onderhandelings het oor 'n tydperk van 'n rekord getal,
naamlik 140 dae, geduur. Unies wat staatsamptenare verteenwoordig het op
verskeie geleenthede aanbiedinge van die regering van die hand gewys, totdat die
minister 'n eenparige besluit geneem het om die finale aanbod van 6,3%
salarisaanpassing in te stel. Dit het 'n skudding in die alliansies veroorsaak en het tot
die gesamentlike aksie van Cosatu en Fedusa geaffillieerde unies gelei.
Die unies is onkant betrap en het hul versoek van 'n 10% verhoging na 7,3%
verminder. Staatsamptenare het weereens oorgegaan tot arbeidsaksie; terwyl die
regering by hul finale aanbod gebly het. Minister Trevor Manuel het gewaarsku dat
die regering nie meer kon bekostig nie.
Teen September was vakbondleiers nog steeds hoopvol dat president Thabo Mbeki
'n aanduiding sou gee om met onderhandelings voort te gaan, maar die deure vir
onderhandelings was gesluit. Minister Geraldine Fraser-Moleketi het volgehou dat die
regering uit hul pad gegaan het om 'n ooreenkoms te bereik. Ten tye van skrywe
was die geskil nog nie opgelos nie.
Nota:
As gevolg van die feit dat die meeste inligting aangaande die 1999 Staatsdiens
Salaris Dispuut en Stakings uit die pers verkry is, word die artikels waarna verwys
word, ingesluit as 'n bylae. Om die verwysing na hierdie artikels te vergemaklik, is 'n
spesifieke formaat van verwysing gebruik, naamlik 'PC n'. In hierdie verwysing
verwys die voorskrif 'PC' na 'n media artikel. Die letter 'n' verwys na die relevante
bladsy nommer wat aan die artikel toegeken is. Die bronne van die persartikels
verskyn in die bronnelys.
|
8 |
Can a defective hearing be cured by a subsequent appeal? : an examination of fair procedure in employer's disciplinary inquiryKumwenda, Joshua January 2012 (has links)
Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012
|
9 |
A comparison of the labour dispute resolution systems of South Africa and SwazilandMajinda, Maseko Moses January 2007 (has links)
History and Background: The history of statutory labour dispute resolution of South Africa dates back to 1909, when the Transvaal Disputes Prevention Act of 1909 was promulgated which applied only to the Transvaal. The Industrial Conciliation Act of 1924 established industrial councils and ad hoc conciliation boards and excluded black workers from the statutory definition of employee and this resulted in a dual industrial relations system that existed up to 1979. The history of statutory labour dispute resolution of Swaziland dates back to 1980 when the first Industrial Relations Act of 1980 was promulgated which established the first Industrial Court. Research Findings: The dispute resolution systems of South Africa and Swaziland contain both similarities and differences. Lessons for Swaziland include combining general and specific dispute resolution procedures, providing the right of a referring party to apply for condonation for late referral of a dispute, using conciliation-arbitration, making arbitration proceedings public hearings, influence of parties on the appointment of arbitrators, court adjudication, pre-dismissal arbitration, court adjudication by judges only, establishment of a constitutional court, full protection of protected strikes/ lockouts from interdicts, legalization of sympathy strikes, and removal of strikes/ lockout ballot. Lessons for South Africa include plural representation of parties at conciliation and arbitration, re-direction of some disputes by the Labour Court to the Commission for arbitration, reporting of labour disputes direct to the Head of State for determination.
|
10 |
A comparative study of the Ugandan and South African labour dispute resolution systemsNinsiima, Diana Unknown Date (has links)
The purpose of the study is to compare the dispute resolution systems of Uganda and South Africa. The historical developments of both systems were discussed so as to understand the factors that contributed to their growth or demise. From the study, it is clear to see that the Ugandan system’s development has been greatly affected with every regime change, between 1894 to the present. The developments that were tackled are closely related to various historical and political phases through which Uganda has passed and these significant periods are 1894- 1962 (pre-independence), 1962-1971 (Obote 1), 1971-1979 (Amin), 1980-1985 (Obote II), 1986- 2006 (NRM) and 2006 to the present Multi-party system. The South African system on the other hand is divided into four eras with the first one beginning from 1870 to 1948, the second era from 1948 to 1979, the third from 1979-1994 and the last era from 1994 to the present date. The South African system has been greatly influenced by the past government’s move to create a dual system of labour relations that was eventually removed. The two systems were compared using a framework created basing on literature by ILO (2013), Brand, Lotter, Mischke, & Steadman (1997) and Thompson (2010). The framework for comparison outlines the elements of a dispute resolution which include the nature of the dispute, coverage, processes, avenues and human resources. It further presents the criteria and possible indicators to evaluate the performance of the system which are legitimacy, efficiency, informality, affordability, accessibility, a full range of services, accountability and resources. The comparison highlighted the various differences between both countries. The study established differences in the nature of disputes as the Ugandan system does not differentiate between the different types of dispute unlike the South African system which differentiates them and has different avenues for their settlement, the fact that the South African system has a number of avenues to cater to the different types of disputes unlike the Ugandan system which only has one route beginning with the Labour officers and the Industrial court if unresolved. An evaluation of the performance of both systems brought to light the number of changes the Ugandan system has to undergo so as to meet the expectations of the International Labour Organisation and have an effective system. The South African system proves to be more legitimate, efficient, informal, affordable, and accessible than the Ugandan system. Further still the South African system provides a full range of services is more accountable and has enough resources when compared with the Ugandan system. Recommendations have been proposed at the end of the study, mainly for the Ugandan system as the South African system appears to be more advanced and more effective in dispute resolution by international standards. The recommendations suggested are creating an independent dispute resolution system, mass sensitisation on labour rights, accreditation of private agencies, create a separate dispute resolution system for the informal sector, proper routing of disputes, creation of an independent body to monitor the national system, encouraging the creation of more democratic workplaces, re-establish the industrial court and finally, employing and training more labour officers.
|
Page generated in 0.0884 seconds