The thesis covers the field of labour law known as employee participation in decision-making. It deals with the examination of the extent to which the Labour Relations Act 66 of 1995 (the Act) promotes employee participation in decision-making. Firstly, the analysis shows that employee participation in decision-making is an aspect of democracy, which is translated into industrial democracy in industrial relations. In South Africa the philosophical foundation of employee participation is supported by the Constitution of the Republic of South Africa Act 108 of 1996 which embodies democratic values permeating all areas of the law including labour law. Secondly, the study elucidates the jurisprudential background of employee participation in South Africa. There is evidence of the development of some principles of participation like consultation; information disclosure; and the existence of participatory forums like works councils under the LRA 28 of 1956. Thirdly, in evaluating the extent to which the LRA 66 of 1995 promotes employee participation, the following aspects are covered: the relevance and contribution of information disclosure; the effect of consultation prior to dismissal for operational requirements; the role of collective bargaining; and the contribution of workplace forums. The conclusion is reached that all the foregoing aspects of the LRA 66 of 1995 will contribute to the promotion of employee participation in decision-making. The Labour Court and the Commission for Conciliation Mediation and Arbitration can also ensure that in interpreting the Act employee participation is promoted where appropriate. Finally, employers and employees will have to accept this necessary partnership for the entrenchment of employee participation in decision-making.

This study deals with the impact of Labour Relations Act (Act 66 of 1996) at Vista University (Mamelodi Campus) from the year 1981-2004. Vista University was an academic institution which was established in 1981 under the Vista University Act (Act 106 of 1981). The dissertation has convincingly argued that the management of Vista University needed to comply with the principles of the Labour Relations Act (Act 66 of 1995). The study has shown that the Act had a negative impact on the employee-management relationship. The study proposes and recommends that the management should create a good labour relationship, manage conflict between employers and employees, maintain effective communication, and promote ethical behaviour and collective bargaining. The study, further, notes that principles of conflict resolution subjected to the Labour Relations Act (Act 66 of 1995) should be applied in a fair way and the techniques for attainment of conflict such as avoidance, accommodation be applied to resolve a situation. / Dissertation (MAdmin (Public Administration))--University of Pretoria, 2007. / School of Public Management and Administration (SPMA) / unrestricted

South Africa’s Labour Laws should undergo drastic changes in 2014 when new amendments take effect. The bills amend the Labour Relations Act 66 of 1995 (LRA), Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Employment Equity Act 55 of 1998 (EEA). These amendments originate from the increasing “casualisation” of work prevalent in the South African Labour market and aim to address the phenomenon of labour broking, the continuous renewal of fixed-term contracts and unfair discrimination regarding wages amongst others. The legislature effected additional amendments to these Acts to align them with new developments, to improve the functioning of the Commission for Conciliation, Mediation and Arbitration (CCMA) and to fulfil South Africa’s obligation as a member of the International Labour Organisation (ILO). 1 In addition, the amendments attempt to clarify the wording of the Labour Relations Act (LRA) to elucidate numerous significant judicial interpretations of various provisions of the current Act as well as to close what some believe to be loopholes in current legislation. There are differing views on the possible effects the amendments could have on the country; some believe that it will damage business while others believe it will affect job creation. 3 According to Bosch, the amendments allow employers flexibility without depriving employees of rights properly due to them. 4 The researcher emphasises topical issues such as the need for temporary employment services, entitlement to organisational rights and the abuse of fixed-term contracts and further discusses, to a lesser extent and focusing on discrimination, the Basic Conditions of Employment Act5 (BCEA) and the Employment Equity Act6 (EEA).

This qualitative research paper examines the emergence and main features of International Framework Agreements (IFAs) as a form of transnational labour relations. IFAs originated in the 1980s and proliferated after 2000. They aim to secure core labour rights across multinational corporations global supply chains. Globalisation changed the world of work, and, as a result, there is a call to look beyond national borders with reference to labour relations. Transnational corporations were the primary movers of mobility, but since then finance, people, and ideas joined the world of flows, introducing the new arena of transnational labour relations. The purpose of this research was primarily to determine what transnational labour relations are, and to determine whether IFAs form part of this transnational labour relations system. By conducting a document analysis and doing a literature review, the researcher analysed the contents of various articles, and assessed the substantive and procedural aspects of some IFAs concluded before 2008. Finally, key issues surrounding IFAs, such as the scope of agreements, trade union capacity, and global supply chains, are discussed in the context of international labour s campaigning, organising, and negotiation activities. Based on various features of international trade union activity, such as world company councils, codes of conduct, and international social dialogue, IFAs constitute an important and innovative tool in transnational labour relations. / Mini Dissertation (MCom)--University of Pretoria, 2016. / tm2016 / Human Resource Management / MCom / Unrestricted

The issue of the use of biometric data in labour relations Abstract This diploma thesis deals with the current topic of the legal framework for the protection of biometric data in the context of labour relations. With the development of information technology, interest in the use of biometric data is growing. It is becoming common in the workplace that the biometric data are used, among others, for recording attendance, gaining access either to the workplace itself or to the individual work equipment. Their use is simple and convenient, as employees can use for verification their fingerprints, iris scans, etc. However, biometric data are inherently unchangeable, which is an advantage as well as the Achilles heel of their processing. Therefore, due to their nature, they fall into the category of sensitive personal data and as such enjoy enhanced protection. Development in the field of information technology suggests that biometric data are highly likely to become part of everyday life. Hence, it is more than appropriate for this development to be reflected in the legislation. The aim of this diploma thesis is to provide a general insight into the issue of using biometric data in the labour relations, where a particularly high increase in their use can be expected. The first part of this thesis acquaints the...

Background: Considering the growing popularity of gig organisations and the socioeconomic situation enabling precarity in this type of firms, there is the need to investigate potential gains and losses of this type of work contract from the organisational side.  Aim: The aim is to understand the benefits and losses platform organisations may face by offering precarious work conditions. Apart from economic influence, as on direct labour costs and staff turnover, there are expected to be cultural and social capital losses. Methodology: A qualitative study approach was chosen to discover new details and access the background of the employees. Six food deliverers from three different app-based food delivery companies in Sweden were interviewed to gain a comprehensive understanding of the problem. Findings: The empirical findings indicated that apart from decreasing direct labour costs and high turnover, offering precarious working conditions may deprive organisations of access to a qualified workforce and knowledge pool that the employees bring.

The Obligation of an Employer to compensate for non-pecuniary damage Abstract The presented dissertation thesis deals with the topic of the employer's obligation to compensate for non-pecuniary damage. It comprehensively presents the issue of the employer's obligation to compensate for non-pecuniary damage, from the constitutional and theoretical basis of protection of human life and health, through pointing out to the reflection of the basic principles of labour relations in the field of non-pecuniary damage, to the definition of specific application problems in claims of non-pecuniary damage, including a proposal for their solution. The thesis does not neglect the relevant case law of the highest national and international courts, including the analysis of its impact on the interpretation of selected legal institutes in the field of non-pecuniary damage compensation. Thorough attention is paid to the general principles of non-pecuniary damage and a comprehensive interpretation of selected institutes in the field of applicable legislation on compensation for non-pecuniary damage in civil and labour law, including legislative proposals de lege ferenda. In the thesis, as one of the research questions, a possible subsidiary application of the Civil Code to the field of the liability employment relations is...

Magister Legum - LLM / In the history of labour relations, trade unions have played a major role in protecting the rights of employees and improving their working conditions. They have defended their members against exploitation by employers. They have promoted the establishment of labour legislation, which in some countries is quite comprehensive. They represent the interests of employees in the collective bargaining process. Albertyn describes trade unions as"institutions which advance democracy, co-operation, peaceful resolution of disputes and nonviolent negotiation (and which) are intrinsically worth preserving and protecting".' It is selfevident that a trade union needs strength to achieve these purposes. However, trade unions areweakened by the fact that it is not only union members who enjoy the benefits of their achievements, since non-members do the same and some employees thus try to avoid the burdens of trade union membership. It is therefore understandable that trade unions attempt to decrease the numbers of these so-called "free riders". Besides the pressure that can be brought to bear by fellow employees in the workplace, union security arrangements, such as the closed shop or the agency shop, represent another traditional method of strengthening trade unions. The free rider problem, however, is only one of many arguments used in the debate by those who support the establishment of closed shops.

The purpose of this research is to investigate what factors influenced the rationalisation and redeployment of public secondary school in the Northern Province. The process carried with it a many implementation problems. Stakeholders interpreted the procedures differently Although there were collective agreements concluded in the ELRC there were problems in the implementation as the stakeholders had different objectives. Though the department of education indicated that they wanted to achieve equitable redistribution of resources, including educators, the reality is that they wanted to save money. The unions agreed to redeployment as a means to correct the imbalances of the past and to secure educators jobs. The main factors which influenced the process of redeployment are the need to redistribute educators equitably and the department’s desire to save money. / Dissertation (MEd (Education Management and Policy Studies)--University of Pretoria, 2004. / Education Management and Policy Studies / unrestricted

The COVID-19 crisis in Ontario’s long-term care (LTC) sector has brought unprecedented public attention to long-established systematic weaknesses in funding, staffing, and working conditions that have rendered both workers and residents highly vulnerable to infection. This study seeks to understand why unions have been unable to better protect long- term care workers from vulnerability to COVID-19 by exploring the effectiveness and limitations of unionization and assessing the challenges that unions have faced in safeguarding workers. Eight union representatives amongst SEIU, CUPE, and OPSEU were selected as participants for hour-long semi-structured interviews. Interviews were thematically analyzed for challenges to union power as well as workplace attributes related to COVID protection. Twelve collective agreements were examined to assess the relative strength and weakness of clauses relating to health and safety, paid sick leave, disability benefits, wages, and job security in relation to part-time PSWs. Collective agreements offered limited and varying degrees of protection to workers as unions faced constraints in bargaining within a largely privatized sector under the arbitration- based Hospital Labour Disputes Arbitration Act. The ubiquity of precarious, part-time PSW positions was identified as a major risk factor of COVID vulnerability. Unions also faced four challenges to their effectiveness: the structure of bargaining; challenges in member engagement; the neglect of long-term care and privatization of health-care; and labour relations with the Ford government. In addition to legislative reform concerning staffing and funding, this study suggests that unions engage in deeper forms of worker organizing to develop and exercise labour power beyond the legal confines of the strike-prohibiting HLDAA, as job action elsewhere by feminized healthcare workers has been met with public support and contributed to changes in conditions of care and work. / Thesis / Master of Arts (MA)