Magister Administrationis - MAdmin / Through South African labour legislation, bargaining councils are empowered to conclude collective agreements between employers and trade unions. While bargaining councils were created for virtually every sector within the South African private sector, only one bargaining council exists for the public sector. This public sector bargaining council is known as the Public Service Co-ordinating Bargaining Council (PSCBC). The PCSBC subsequently established four sectoral councils to further collectively bargain on matters pertaining to sectoral issues relevant to the sector it represents. However, the PSCBC remains the apex of these four public service sectoral bargaining councils. This thesis focuses on how the Public Service Co-ordinating Bargaining Council (PSCBC) contributes to social dialogue within South African public service. This thesis seeks to fill a significant literature gap on collective bargaining as accomplished by the PSCBC. The thesis briefly examines the history of collective bargaining in the South African public service. The research methodology utilised includes information gleaned from annual reports published by the PSCBC. Interviews of selected stakeholders such as government officials and labour organisations involved in the PSCBC were conducted. The PSCBC objectives are identified and analysed against the performance of the PSCBC for the period 1997 to 2007. The relevant PSCBC role players are identified. The power realities between these role players are reflected. The criteria for remaining a party to these PSCBC will be explained. The thesis holds that historically an adversarial relationship existed between the state as employer and the recognised trade unions. The establishment of the PSCBC created the opportunity for the historical adversaries between an employer and trade union to be converted into social dialogue interactions, which are commonly believed to be a better approach in resolving their differences. / South Africa

The constitution of ELCSA was adopted in the constitutional assembly held on 15 to 19 December 1975 at Rustenburg, Tlhabane. The constitution of South Africa was adopted on 08 May 1996 and amended on 11 October 1996 by the constitutional assembly. It is obvious from this situation that the ELCSA constitution was put together and adopted during the rule of the National Party in consideration of the constitution of South Africa at the time. This suggests that the bill of rights was not taken into account when the constitution of ELCSA was written. The church‘s top down management system of administration is questionable. The harmony of rights and the ELCSA constitution was tested. The labour relations requirements are not taken into consideration by the ELCSA constitution given the procedures followed to add in addressing employee disputes. The ELCSA constitution was critically evaluated for compliance. The areas of the South African Constitution that were not considered at the initial stage of the church constitution were identified during the study. It is imperative though that the Church should not find her self-making concessions on issues that are contrary to Christian beliefs and norms that form the basis of the faith. Dr Martin Luther’s two kingdoms provided some guidance when the church was under pressure regarding certain issues that are required by the law of the country. Particularly the church does not condone abortion. In this study it was established that some areas require the church to mobilise and challenge the state. The study is concluded by a discussion of areas that present conflict between the church and legal requirements, areas that the church is omitting to do and areas that the church has to take a stand on. This discussion included recommendations that the church has to consider ensuring that legislation is complied with and that there is no conflict with the church constitution. / Dissertation (MA(Theology) Church History)--University of Pretoria, 2008. / Church History and Church Policy / unrestricted

This thesis examined the evolution and transition of agrarian labour relations in the aftermath of Zimbabwe‘s radical land redistribution, which reconfigured the agrarian structure in terms of landholdings, production practices and labour markets from 2000. Despite the importance of agrarian labour as source of livelihood for the largely countryside based population, insufficient academic attention has been paid to its evolution following the land reforms. Specifically, the issues overlooked relate to the mobilisation, organisation and utilisation of wage and non-wage labour against background of the changed land ownership patterns, agrarian policies and macroeconomic conditions. Historical-structural approaches rooted in Marxist Political Economy informed the analysis of the new agrarian labour relations since in former Settler colonies such as Zimbabwe these were based on a historical context of specific land-labour utilisation relations created by land dispossession and discriminatory agrarian policies during the colonial and immediate independence period. Beyond this, gender issues, intrahousehold relations, kinship, citizenship and the agency of the workers were taken into account to understand the trajectory of labour relations. Detailed quantitative and qualitative empirical research in Goromonzi and Kwekwe districts, as well as from other sources demonstrated that a new agrarian labour regime had evolved to replace the predominant wage labour in former large-scale commercial farms. There has been a growth in the use of self-employed family farm labour alongside the differentiated use of wage labour in farming and other non-farm activities. Inequitable gender and generational tendencies were evident in the new agrarian labour regime. The new labour relations are marked by the exploitation of farm workers through wages that are below the cost of social reproduction, insecure forms of employment and poor working conditions, while their individual and collective worker agency is yet to reverse their poor socio-economic conditions. Various policy interventions to protect their land and labour rights are thus required. The study shed light on the conceptual understanding of agrarian labour relations in former Settler economies, including the role of land reforms in the development of employment, and how the peasantry with enlarged land access are reconstituted through repeasantisation and semi-proletarianisation processes. / Public Administration and Management / D. P. A.

This Doctoral thesis entitled the Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South Africa, focusses on individual labour law principles of fair labour practices entrenched in section 23(1) of the Constitution. The thesis deals with fairness in situation where an employee who is suspected of committing a criminal act is investigated and subsequently goes through a disciplinary hearing for dismissal. It determines the extent to which an employee’s criminal guilt is decided before dismissal. As such, the thesis is based upon South African judicial interpretation of the right to fair dismissal. In the process the thesis examines the application of principles informing the employer’s duty to provide fair reason concerning the dismissal of employees criminal suspects. In examining if employers observe constitutional transformative objective when conducting criminal investigations and disciplinary hearings - the thesis reviews the extent to which the employer respects constitutional rationales of equity based on the principles of natural justice. These natural justice principles are the basis upon which section 23(1) fairness is founded. Section 23 (1) is implemented through the LRA provisions. The thesis then concludes that, only one principle of natural justice - audi alteram partem is respected within employer flexibility-based fairness while the other principle - nemo judex in propria sua causa is ignored. It is this denial that causes serious procedural challenges in the quest for equity intended in section 23(1) fair labour practices. It is upon these foundational equity concerns that this thesis opposes the flexibility in employer’s criminal investigations and disciplinary hearing processes entrenched in item 4 (1) of Schedule 8 of the LRA fair procedure for dismissal of employees suspected of criminal acts. The thesis interlinks labour law and criminal law to advocate for the missing constitutionally justiciable fairness for employees who have committed criminal misconducts. It argues that the current judicial interpretation of labour law fairness is based upon the principle of flexibility underlying dismissals, asserting that fairness based on flexibility breeds informal procedural processes which exempt employers from observing crucial constitutional fairness principles expressed through proportionality-based prescripts. The thesis concludes that the practice of including the right against self-incrimination in employment law, done in other common law countries be introduced into the South African labour law through section 39 of the Constitution so that the identified procedural challenges are regulated. / Mercantile Law / LL.D.

A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) dispute resolutions. This thesis incorporates a comparative study of the British and German labour law systems with reference to the relevant appeal and/or review procedures (as applied in their tribunals/courts), together with a discussion and application of certain other provisions relevant to South Africa labour law. / Jurisprudence / LL.M

The researcher used the integration of both qualitative and quantitative approaches. The respondents were drawn from three district, one regional, one academic and two private hospitals. Data was collected by means of questionnaires. The open-ended questions in the questionnaire allowed the respondents to respond in their own words (“etic” description). This enhanced the organisation and reduction of the relevant data for analysis as well as the validity and trustworthiness of the study. The study revealed that even though most of the South African government health policies were very advanced and among the best in the world, some crucial policies appeared to have encountered problems with implementation, from conflicting ideologies and opinions from hospital management, different unions, professional associations, the provincial government, the South African Nursing Council (SANC) and patients. Too many groups appeared to have discussed nurses‟ issues with government and made decisions for nurses, leaving nurses disillusioned. The majority of the respondents attributed this to poor representation at government level. Furthermore, some decisions, resolutions and strategies agreed upon between the unions and bargaining councils appeared to have worked against nurses, further dividing RNs and failing to accomplish the intended purpose. Although most of the respondents had hoped that the Occupational Specific Dispensation (OSD) for nurses would address chronic low salaries for all nurses in the PHS, it favoured certain specialty qualifications (which were based on the description of post-basic courses in R212 and R48, which were not clearly delineated). In addition, RNs were not informed about the meaning and implications of the OSD prior to implementation. The study thus found an information gap between government and RNs at the production level, which appeared not to be with the government and the nurses, but in between. Most importantly, nurses seemed to be represented more by unions to government and bargaining councils, as opposed to nurses, while most of the respondents did not favour the division of nurses between professional associations and unions. Decisions in the PHS appeared to have been dominated by leaders who had no experience with pragmatic issues of health care services (HCS), particularly at the operational level, and the dynamics of the nursing profession. The study therefore concluded that, if the right people (nurses, doctors and systems) were put in place, and nurses were represented by nurses at government level, bargaining councils and parliament, discontent among RNs in the PHS could be reduced significantly. Existing strategies were found to deal with the symptoms and not the root cause of discontent among RNs in the PHS. / Health Studies / D. Litt. et Phil. (Health Studies)

The current South African legislative framework does not properly address the unequal bargaining position between employers and fixed term employees. Ineffective regulation of fixed term employment in South Africa has had the effect of excluding certain groups of fixed term employees from claiming the remedies provided in terms of the Labour Relations Act and other labour legislation. Furthermore, where remedies are applicable to them they are often ineffectual. Interpretational variation evident from case law pertaining to the enforcement of the rights of fixed term employees, indicate clear lacunae in the unfair dismissal protection afforded to these vulnerable employees. This is mainly a consequence of uncertainties related to the interpretation of the legislative provisions. The infusion of the values entrenched in the Constitution of the Republic of South Africa and the development of the common law to reflect these values might augment the scope and availability of rights enjoyed by fixed term employees. But, changing socio-economic and political circumstances necessitates review and amendment of the legislation applicable to fixed term employees to meet the country’s constitutional and international obligations. Proposed amendments to the Labour Relations Act have been tabled. These amendments may be capable of addressing some of the current problems. However, they may also lead to other undesirable consequences. An investigation into problems related to the application of similar provisions as those proposed by the Labour Relations Amendment Bill in other jurisdictions crystallises some possible causes for concern. Some of the proposed changes could create new vulnerabilities, or renew old ones. / Private Law / LLD

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.

Αντικείμενο της παρούσας μελέτης είναι η θεωρητική επισκόπηση και ανάλυση των προσδιοριστικών παραγόντων, των πεδίων συγκρούσεων, των τάσεων και των προοπτικών των Βιομηχανικών Σχέσεων, των σχέσεων που αναπτύσσονται ανάμεσα στους συλλογικά διαπραγματευόμενους εργαζόμενους με τους εργοδότες και διαμεσολαβείται από το κράτος και τους διεθνείς οργανισμούς. Επιχειρείται ο προσδιορισμός της ιστορικής τους καταβολής και εξέλιξης, ο καταλυτικός ρόλος των εργατικών συνδικάτων και η παρουσίαση των εννοιών της Βιομηχανικής Δημοκρατίας και της Βιομηχανικής Σύγκρουσης. Εξετάζεται το νέο - μεταφορντικό μοντέλο παραγωγής στα πλαίσια του σταδίου καπιταλιστικής ανάπτυξης του ολοκληρωτικού καπιταλισμού, η ευελιξία, η παγκοσμιοποίηση και οι διεθνικές επιχειρήσεις ως προσδιοριστικοί παράγοντες των σύγχρονων Βιομηχανικών Σχέσεων στο διεθνές περιβάλλον, εξετάζονται οι τάσεις σύγκλισης των συστημάτων Βιομηχανικών Σχέσεων και παρουσιάζεται ένα μοντέλο εργατικού διεθνισμού ως απάντηση των εργαζομένων στις διεθνείς πιέσεις. Η μελέτη εστιάζει, επίσης, στα χαρακτηριστικά των εργατικών και εργοδοτικών οργανώσεων, στα επίπεδα συνδικαλιστικής πυκνότητας και βιομηχανικής σύγκρουσης, στους θεσμούς, στις διαδικασίες διαλόγου και στις σύγχρονες τάσεις που καταγράφονται στις Βιομηχανικές Σχέσεις σε επίπεδο Ευρωπαϊκής Ένωσης. Επιχειρείται να προσδιοριστεί πώς η πολιτική της Ευρωπαϊκής Ένωσης - που εκφράζεται μέσω των «Πράσινων» και «Λευκών Βίβλων» - συμβάλει στην ανάπτυξη πεδίων συγκρούσεων και αποτελεί προσδιοριστικό παράγοντα των Βιομηχανικών Σχέσεων στην Ευρωπαϊκή Ένωση και συμβάλει στην τάση σύγκλισης των εθνικών συστημάτων Βιομηχανικών Σχέσεων. Η ιστορική εξέλιξη, τα χαρακτηριστικά, οι βαθμίδες και οι τύποι συνδικαλιστικής οργάνωσης των εργατικών και εργοδοτικών οργανώσεων, τα πολιτικά ρεύματα που δραστηριοποιούνται εντός του εργατικού κινήματος, η συνδικαλιστική πυκνότητα και η εξέλιξη της απεργιακής δράσης στην Ελλάδα, αποτελούν σημαντικό τμήμα στην ανάλυση των ελληνικών Βιομηχανικών Σχέσεων. Επιχειρείται μια σύνοψη των βασικών χαρακτηριστικών – προσδιοριστικών παραγόντων του ελληνικού συνδικαλιστικού κινήματος και η αποτύπωση των σύγχρονων τάσεων οργάνωσης εντός και εκτός των δομών του. Αποτυπώνονται τα βασικά χαρακτηριστικά των ελληνικών Βιομηχανικών Σχέσεων και οι πρόσφατες εξελίξεις στο περιεχόμενο και τις δομές τους υπό την επίδραση της διαδικασίας της παγκοσμιοποίησης, του παγκόσμιου οικονομικού περιβάλλοντος και της Ευρωπαϊκής Ένωσης. / The aim of the present study is the theoretical review and analysis of the defining factors, fields of conflicts, tendencies and perspectives of Industrial Relations, that are developed between collectively negotiating workers and the employers and are intermediated by the state and international organisations. It is also attempted to determinate their historical background and development, the catalytic role of working trade unions and to present significations such as Industrial Democracy and Industrial Conflict. The new post fordism mode of production in the frame of the new stage of capitalist development of totalitarian capitalism is examined, as well as the flexibility, the globalisation and the international enterprises as defining factors of modern Industrial Relations in the international environment. The tendencies of convergence of systems of Industrial Relations are also examined and a model of labor internationalism is presented as an answer of workers in international pressures. The study also focuses on the characteristics of workers’ and employers’ organisations at the level of trade-union density and industrial conflict, as well as on the institutions, the processes of dialogue and in the contemporary tendencies that are recorded in the Industrial Relations in European Union. It is attempted to determine how the policy of European Union - that it is expressed via “Green” and “White Papers” - constitutes a defining factor of Industrial Relations in the European Union and contributes to the growth of fields of conflicts and to the tendency to convergence of the national systems of Industrial Relations. The historical evolution, the characteristics, the levels and types of trade-union formation of labor and employing organisations, the political streaming activated in to the labor movement, the trade-union density and the evolution of strike action in Greece consist a major subject in the analysis of greek Industrial Relations. It is attempted a synopsis of the main characteristics and defining factors of greek labor movement and the imprinting of contemporary tendencies of internal and external organisation. The main characteristics of greek Industrial Relations and the recent developments of their content and structure under the effect of the globalisation process, the global economic environment and the European Union are recorded in the present study.

Šis magistrinis darbas nagrinėja darbo santykių stabilumo principų įgyvendinimą įmonės/verslo ar jų dalių perdavimo atvejais. Lietuvos Respublikos darbo kodekso 138 straipsnis numato tik dalinę darbuotojų apsaugą ir darbo santykių tęstinumą įmonės/verslo ar jų dalių perdavimu atveju, t.y. - perdavimas negali būti teisėta priežastis nutraukti darbo santykius. Perdavimo procesas dažnai neįvyksta ne todėl, kad verslas yra neperspektyvus, o darbdavys nesąžiningas, bet dėl paties proceso sudėtingumo ir su tuo susijusių teisinių bei biurokratinių problemų. Įmonės/verslo ar jų dalių perdavimu, o ypač jo padariniais, yra suinteresuoti ne tik perėmėjas bei perdavėjas, tačiau ir įmonės darbuotojai. Perduodant įmonę/verslą ar jų dalis labiausiai nukenčia darbuotojas - su darbuotojais laiku, o kartais ir visai neatsiskaitoma, žmonės iš darbo atleidžiami nepagrįstai, praranda darbo vietas ir pagrindinį pragyvenimo šaltinį. Neretai darbdaviai, darbuotojams, pavėluotai pateikia arba apskritai nepateikia rašytinės informacijos apie ketinimą vykdyti įmonės/verslo ar jų dalių perdavimą; apie perdavimo dieną, numatomus veiksmus, perdavimo priežastis, etapus bei teisinius, ekonominius ir socialinius padarinius, turinčius įtakos darbuotojui; apie keičiamas sąlygas, tame tarpe, susijusias su darbu, darbo užmokesčiu bei perkvalifikavimu. Tam, kad procesas vyktų sklandžiai ir sukeltų kuo mažiau neigiamų socialinių bei ekonominių padarinių, svarbu nustatyti įmonės/verslo ar jų dalių perdavimo... [toliau žr. visą tekstą] / In the Master Paper, the implementation of the principle of stability of labour relations in cases of transfer of an enterprise/business or parts hereof is discussed upon. The Article 138 of the Labour Code of Republic of Lithuania foresees only a partial protection of the employees and a succession of the labour relations in case of a transfer of the enterprise/business or a part hereof, i.e. a transfer can be considered a lawful reason for terminating the labour relations. A process of transfer often does not take place not for prospectlessness of the business or dishonesty of the employer, but because of a complex character of the process itself as well as the related legal and bureaucratic problems. Not only the assignee and the assignor, but also employees of the enterprise take an interest in a transfer of the enterprise/business or parts hereof, in particular the consequences of such a transfer. In case of a transfer of an enterprise/business or parts hereof, an employee suffers mostly: the settlement with the employees often is made non-timely and sometimes is not made at all, employees are discharged groundlessly, losing their jobs and the key means of their subsistence. Frequently, employers delay or fail providing to employees information in writing on their intention to transfer the enterprise/business or a part hereof; on the day of transfer, the planned actions, the causes of the transfer, its phases as well as the economical and social consequences that can... [to full text]