This paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C). Issues surrounding Temporary Employment Services and fixed-term employees have been very divisive and have been the topics of heated debate at all levels of Industrial Relations for a long time. Discussions regarding the use of the services of Temporary Employment Services can be highly emotive, with Temporary Employment Services being accused of committing wideThis paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C).

The focus of this dissertation is the impact that the Administrative Adjudication of Road Traffic Offences Act 45 of 1998 (AARTO) will have on the employment relationship between employers and employees. AARTO was promulgated in order to, amongst other things; assist with the streamlining of the traffic offence administration and the collection of payable fines for traffic infringements. Very little has been written with regard to the implications of AARTO on the employment relationship. The purpose of this dissertation is to unpack the mechanics of AARTO, and further to provide the writer’s view on its impact, problems and possible solutions, of the employment relationship within the South African Labour law framework. The writer will attempt to reconcile the Labour Relations Act and AARTO insofar as it impacts on the employment relationship, more especially the termination thereof. Writer will set out the provisions of AARTO and the sections pertaining to the allocation of demerit points on an individual driver’s licence. Unfortunately for the sake of completeness the writer will deal with the majority of sections in AARTO to provide a better understanding of the mechanisms envisaged by the Act to bring about the demerit points. It is writer’s view that dealing with the allocation of demerit points in vacuum will not provide the reader with a clear understanding of the impact of AARTO on labour relations. With regards to the actual implications that AARTO will have on the employment relationship writer has taken it upon himself to provide a categorization of employees in the broad sense and thereafter to discuss the impact of AARTO on the different categories of employees. More over the writer will examine the different categories of dismissal specifically misconduct, incapacity and operational requirements as well as the impact and applicability of AARTO thereon. vi The writer will also attempt to deal with peripheral issues that arise as a spinoff or AARTO insofar as employment relationships are concerned.

M.Phil. / An in-depth Employment Relations Management Audit conducted in Kutama Sinthumule Maximum Security Prison in order to assist both managers of the Department of Correctional Services and of Private Prison to efficiently and effectively apply sound Human Resource and Labour Relations policies and procedures. The study critically examines and discusses the perceptions of employees of the Kutama Sinthumule Maximum Security Prison. The researcher administered questionnaires to one hundred and fifty (150) employees out of a total of five hundred (500) personnel. Interviews were held with senior managers of Kutama Sinthumule Maximum Security Prison who provided vital information on issues pertaining to privatisation of prisons in South Africa

Text in Afrikaans / Werknemers is benewens sekere hoogs uitsonderlike gevalle altyd voor ontslag op substantiewe - en prosessuele billikheid geregtig, hetsy in 'n individuele ofkollektiewe verband. Prosessuele billikheid in besonder het 'n inherente waarde, o.a. omdat die uiteinde van 'n proses nie voorspel kan word nie. Die werkgewer word ook daardeur in staat gestel om die feite te bekom, en arbeidsvrede word daardeur gehandhaaf. Van verdere belang vir prosessuele billikheid is die nakoming van eie of ooreengekome prosedures, die beskikbaarstelling van genoegsame inligting, voorafkennisgewing en bona fide optrede deur die werkgewer. Die primere remedie in die geval van 'n onbillike ontslag is herindiensstelling, alhoewel herindiensstelling nie in die geval van 'n prosessuele onbillike ontslag beveel behoort te word nie. Die riglyne soos in die verlede deur die howe en arbiters ontwikkel is grootliks in die Konsepwet op Arbeids= verhoudinge, soos bevestig in die Wet op Arbeidsverhoudinge, 1995, gekodifiseer. / Prior to dismissal employees are always entitled to substantive - and procedural fairness, be it in an individual or a collective context, subject to highly exceptional circumstances. Procedural fairness in particular has an inherent value, inter alia because the outcome of a process cannot be predicted. The employer also thereby establishes the facts and by conducting a process, labour peace is promoted. Also of importance for procedural fairness is adherance to own or agreed procedures, providing the employee with sufficient information, prior notification and bona fide conduct by the employer. The primary remedy in the case of an unfair dismissal is reinstatement, though reinstatement should not follow in the case of a dismissal which is (only) procedurally unfair. The guidelines as developed by the courts and arbitrators have largely been codified in the Draft Labour Relations Bill, as subsequently confirmed in the Labour Relations Act, 1995. / Mercentile Law / LL. M.

Thesis (MPA (School of Public Management and Planning))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: Chapter 1 outlines the purpose of the research, provides the background on the way in which LR matters are currently managed and handled in the Department of Defence (DOD), identifies the research problem, and outlines the research design and methodology. Chapter 2 explores the theoretical framework of the principles of labour relations and management of change. The chapter reveals that the principles of labour relations hold persons in management or supervisory positions responsible for managing LR matters, and suggests that LR practitioners should therefore be able to equip them with adequate skills and knowledge of the procedures for dealing with LR matters in the workplace. The chapter also reveals that the principles of the management of change suggest that the employees should be prepared for change; that a change agent, who should create an environment conducive to change through lobbying the support of persons in management and employees for the proposed change, should be identified; and that resistance to change should be identified at an early stage of the change process in order to eliminate it. Change agents are encouraged not to dominate the change process, but rather to facilitate it in order to ensure that the organisation and its employees drive the change process themselves. Chapter 3 explores the objectives of the LR support function as well as the content of LR practices in order to determine the extent to which LR practitioners can become change agents in the DOD. The chapter reveals that LR at grassroots level is practiced in the way that has resulted to conflicts and costly litigations. In this chapter the regulatory framework and procedures that impede LR practitioners from becoming change agents are also analysed. Chapter 4 covers the data collection process and the analysis thereof. The data reveals that the LR structure at grassroots level is not conducive for the professional delivery of enhanced LR services; that the target group does not have access to adequate resources that would enable them to execute their functions; and that empowerment programmes are implemented to equip the target group with adequate qualifications, skills and or knowledge to be able to render enhanced LR services. The main findings were that guidance is lacking to ensure that LR systems, structures and processes at grassroots level are in place, to ensure that LR matters are managed and handled in a fair and responsible way; to ensure that LR staff with adequate competences to render LR services is appointed; and to ensure that the LR department is active enough and lead the execution of enhanced LR services. In Chapter 5 the main findings are analysed and it is concluded that LR practitioners are unable to become change agents if LR systems, structures and processes are not in place. It is encouraged that LR practitioners should form a cohesive but diverse team that is able to render enhanced LR services, and that the LR department should take a leading role. It is recommended that a study be conducted to determine overarching LR strategy that would guide the establishment of LR systems, the determination of LR structure and processes for dealing with LR matters, and the empowerment programmes for ensuring the professional delivery of enhanced LR services. / AFRIKAANSE OPSOMMING: Hoofstuk 1 skets die doel van die navorsing en verskaf agtergrond oor die manier waarop arbeidsverhoudinge tans in die Departement van Verdediging bestuur en hanteer word. In hierdie hoofstuk word die navorsingsprobleem ook geïdentifiseer en die navorsingsontwerp en -metodologie uitgestippel. Hoofstuk 2 ondersoek die teoretiese raamwerk van arbeidsverhoudingbeginsels en die bestuur van verandering. Die hoofstuk openbaar dat die beginsels van arbeidsverhoudinge persone in bestuurs- of toesighoudende posisies verantwoordelik hou vir die bestuur van arbeidsverhoudingkwessies. Daar word voorgestel dat arbeidsverhoudingpraktisyns daarom in staat moet wees om hierdie persone toe te rus met voldoende vaardighede en kennis van die prosedures vir die hantering van arbeidsverhoudingkwessies in die werkplek. Die hoofstuk openbaar ook dat die beginsels van die bestuur van verandering aandui dat werknemers op verandering voorbereid moet wees en dat ’n veranderingsagent geïdentifiseer moet word. Só ’n agent moet ’n atmosfeer skep wat bevorderlik vir verandering is deur steun vir die voorgestelde verandering van persone in bestuur en werknemers te werf. Verder moet weerstand teen verandering in ’n vroeë stadium in die veranderingsproses vasgestel word om dit sodoende uit te skakel. Veranderingsagente word aangemoedig om nie die veranderingsproses te oorheers nie, maar eerder te vergemaklik om te verseker dat die instelling en sy werknemers die veranderingsproses self dryf. Hoofstuk 3 ondersoek die teikens van die arbeidsverhoudingsteunfunksie asook die inhoud van arbeidsverhoudingpraktyke om te bepaal tot watter mate arbeidsverhoudingpraktisyns veranderingsagente in die Departement van Verdediging kan word. Hierdie hoofstuk onthul dat arbeidsverhoudinge op grondvlak op ’n manier beoefen word wat reeds tot konflik en duur litigasies gelei het. In hierdie hoofstuk word die regulerende raamwerk en prosedures geanaliseer wat arbeidsverhoudingpraktisyns verhinder om veranderingsagente te word. Hoofstuk 4 dek die data-insamelingsproses en analise van hierdie proses. Die data onthul dat die arbeidsverhoudingstruktuur op grondvlak nie bevorderlik is vir die professionele lewering van verbeterde arbeidsverhoudingdienste nie, en dat die teikengroep nie toegang tot voldoende bronne het wat hulle in staat sou stel om hulle funksies uit te voer nie. Die data openbaar verder dat bemagtigingsprogramme toegepas word om die teikengroep met voldoende opleiding, vaardighede en/of kennis toe te rus om verbeterde arbeidsverhoudingdienste te lewer. Die hoofbevinding was dat daar gebrekkige leiding is om te verseker dat arbeidsverhoudingstelsels, -strukture en -prosesse op grondvlak gereed is; dat arbeidsverhoudingkwessies op ’n regverdige en verantwoordelike manier bestuur en hanteer word; dat arbeidsverhoudingpersoneel met voldoende bevoegdhede aangestel word om arbeidsverhoudingdienste te lewer, en dat die arbeidsverhoudingdepartement aktief genoeg is en die voortou neem in die uitvoering van verbeterde arbeidsverhoudingdienste. In hoofstuk 5 word die hoofbevindinge geanaliseer en die gevolgtrekking gemaak dat arbeidsverhoudingpraktisyns nie in staat is om veranderingsagente te word indien arbeidsverhoudingstelsels, -strukture en -prosesse nie gereed is nie. Arbeidsverhoudingpraktisyns word aangemoedig om ’n verenigde maar diverse span te vorm wat verbeterde arbeidsverhoudingdienste kan bied en die arbeidsverhoudingdepartement word aangemoedig om ’n leidende rol in hierdie verband te speel. Daar word aanbeveel dat ’n studie gedoen word om ’n oorkoepelende arbeidsverhoudingstrategie vas te stel wat as riglyn kan dien vir die stigting van arbeidsverhoudingstelsels, die bepaling van arbeidsverhoudingstruktuur en prosesse om met arbeidsverhoudingkwessies om te gaan, en bemagtigingsprogramme om te verseker dat verbeterde arbeidsverhoudingdienste professioneel gelewer word.

Thesis (LLD )--Stellenbosch University, 2011. / ENGLISH ABSTRACT: The importance of privacy lies in the fact that it represents the very idea of human dignity or the preservation of the ‘inner sanctum’. Not surprisingly, however, operational concerns of employers and technological developments combine continuously to challenge the preservation of privacy in the workplace. Employees the world over are exposed to numerous privacy invasive measures, including drug testing, psychological testing, polygraph testing, genetic testing, psychological testing, electronic monitoring and background checks. Hence, the issue at the heart of this dissertation is to determine to what extent privacy is protected in the South African workplace given advancements in technology and the implications (if any) for the right to privacy as such. A secondary aim of the dissertation is to attempt to provide a realistic balance between the privacy concerns of employees and the operational needs of employers in this technological age. As such the main focus of dissertation falls within the sphere of employment law. In order to provide an answer to the research issue discussed above, the dissertation addresses five ancillary or interrelated issues. First, the broad historical development of the legal protection of privacy is traced and examined. Second, a workable definition of privacy is identified with reference to academic debate and comparative legislative and judicial developments. Third, those policies and practices, which would typically threaten privacy in the employment sphere are identified and briefly discussed. Fourth, a detailed evaluation of the tension between privacy and a number of selected policies and practices in selected countries is provided. More specifically, the dissertation considers how these policies and practices challenge privacy, the rationale for their existence and, if applicable, how these policies and practices – if necessary through appropriate regulation – may be accommodated while simultaneously accommodating both privacy and the legitimate concerns of employers. The selection of these practices and policies is guided by two considerations. At the first level the emphasis is on those challenges to privacy, which can be traced back to technological developments and which, as such, foster new and unique demands to the accommodation of privacy in the workplace. The secondary emphasis is on those policies, which are representative of the fundamental challenges created by new technologies to privacy. To effectively address the above issues the dissertation uses the traditional legal methodology associated with comparative legal research, which includes a literature review of applicable law and legal frame work and a review of relevant case law and a comparative study of selected foreign jurisdictions. / AFRIKAANSE OPSOMMING: Geen opsomming / Fulbright Foundation / Stellenbosch University / Mellon Foundation / NFR

M.Phil. / The Social Plan is an alternative retrenchment process to section 189 of the Labour Relations Act No. 66 of 1995 as amended. When the now defunct Mpumalanga Development Corporation was dismantled in 1997, following the speech of the then Premier of the Province, of the 5 th December 1996, South Africa saw the Social Plan route being followed for the first time in its short democratic history. While the Social plan is the better of the two routes, it still looks good on paper, but has been let down by the trade unions, the employers, the development corporations and the individual beneficiaries themselves in this case. The sad part of this is that the Government departments and the development corporations are the custodians of the objectives sought and enshrined in the Social plan. Their failure to observe this fact and live up to the expectations it genders is itself an indictment on these stakeholders. The dissertation deals with the deeper analysis and findings of the events and the omissions that took place in pursuit of the implementation of this novel concept in a real life situation. Definite recommendations are made within the text that contributes to how the effort can be rescued for the benefit of the retrenchees and the economy as a whole. The approach in this work has taken the form of a literature review as well as a field survey. The field survey did not yield a very high sample, but 20 respondents, who are former employees who were retrenched following the Social Plan route, were interviewed. These respondents had been located in the former KwaNdebele and former KaNgwane regions of the Mpumalanga Province. The main problem that resulted in this research was that the country as a whole is suffering a very high rate of unemployed at 37.5% (according to the 2001 Census Report) in the Mpumalanga Province. While that needs some attention, there is an increase in the retrenchments coming as a result of various global and domestic factors. These collectively impact the employment situation more adversely than positively. The social plan being one tool chosen to alleviate the problems identified in its own self contained rationale for being, has failed to live up to the expectations of all the stakeholders affected by it. The experience of the stakeholders in the first attempt to implement the social plan, have defeated the very objectives of the social plan, which include, inter alia, the following: a ...to avoid job losses and employment decline wherever possible. In cases where large job losses are unavoidable, it would seek to actively manage retrenchments and ameliorate their effects on individuals and local economies". The findings in this study revealed that the social plan rather deepened the problem and exacerbated rather than alleviated it. This adversity is not due to the nature of the social plan as an approach and a route to meeting the aims of its creation. It is rather reflective of the way and attitude with which parties to the social plan failed to apply their best abilities and efforts in its application. The dissertation also touches on entrepreneurships, Post employment and the currently raging broad based black economic empowerment drive that has taken the country by storm in various sectors. The attempt by this drive is to address the possible acceleration of the integration of black people into business at all levels and not just at SMMEs or post employment. One could say the whole BBBEE drive seeks to address even the pre-employment era in the life of a black South African.

M.Phil. / Na die nasionale munisipale verkiesings staan nuwe plaaslike munisipaliteite voor die grootste uitdaging ooit ten opsigte van dienslewering aan die gemeenskappe wat hulle bedien (Business Day, 2000, 12 Julie). Daar word berig dat slegs 20% van huishoudings in die Suid Afrikaanse samelewing het nie toegang tot skoon drinkwater en basiese sanitasie dienste het nie. Meer as 30% huishoudings het nie elektrisiteit nie en ongeveer 40% beskik nie oor vullisverwyderingsdienste nie (Business Day, 2000, 12 Julie). Van die huishoudings wat wel dienste ontvang, betaal 68% hulle munisipale rekenings stiptelik terwyl 1,4 miljoen huishoudings hulle huur en dienste gelde nie gereeld betaal nie. (Sake Beeld, 2000, 4 Julie). Gevolglik gaan plaaslike owerhede gebuk onder geweldige finansiele nood. Ongeveer 151 van die 843 munisipaliteite van Suid Afrika is in 'n krisis situasie terwyl byna die helfte van hulle finansiele probleme het. (Beeld, 1999, 22 Julie). Daar is selfs plaaslike owerhede wat pensioenfonds-, werkloosheidsversekering- en belastingbydraes gebruik om te betaal vir operasionele kostes. (Beeld, 2000, 27 Maart). Die Munisipale Afbakeningsraad het die aantal munisipaliteite in Suid Afrika verminder van 843 tot 232. In Mpumalanga alleen is die bestaande 55 munisipaliteite verminder na 25, 'n vermindering van ongeveer 50%. (Beeld, 1999, 16 November). Slegs 3 munisipaliteite in Mpumalanga funksioneer behoorlik terwyl 12 in 'n kritieke toestand is (Provinsiale Beeld, 1999, 25 November). Nader aan die tuisfront het die munisipale funksies van Ogies in duie gestort as gevolg van gebrek aan bekwaamheid van personeel. Ongeveer 20% van die inwoners betaal vir munisipale dienste (Provinsiale Beeld, 1999, 26 Julie). Die samevoeging van munisipaliteite behoort Iewensvatbaar in die hand te werk.

Thesis (M. Tech. (Labour Relations Management)--Vaal University of Technology / Sectoral Determination 7: Domestic Worker Sector was proclaimed by the Minister of Labour, Membathisi Mdladlana, and has stipulated the minimum employment conditions for the domestic worker sector since 1 September 2002. The purpose of this study evolved from the problem statement which clearly indicated the need for the assessment of awareness and compliance within the domestic worker sector. A detailed literature review enabled the researcher's orientation to the historical context of the sector as well as the need for transformation. Ultimately, the Determination's stipulations guided the assessment of both awareness (knowledge) and compliance (actions that correspond with legislative obligations) during an empirical review. A survey design was used to obtain responses from both domestic workers and employers of domestic workers, who were not necessarily in a direct employment relationship, within the Emfuleni Local Municipal District. Collected data was statistically captured and analysed. Desc1iptive statistics indicated that both employers and domestic workers have limited awareness with regard to the stipulations of Sectoral Determination 7. Results further indicated the difficulty in making a general pronouncement regarding compliance levels. It is suggested that compliance should be considered per individual stipulation of the Determination. The study concludes with the researcher's recommendation that more must be done to raise awareness within the sector amongst both employers of domestic workers and domestic workers. It was also recommended that more labour inspectors be made available not only to ensure the enforcement of Sectoral Dete1mination 7 (compliance) but also to facilitate the creation of continuous awareness.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012