Thesis (LLM (Labour law)) --University of Limpopo, 2013 / The study will analyse section 198 of the Labour Relations Act of 66 of 1995. The section is the founding provision of labour broking and also provides for joint and several liabilities between the client and the broker in instances of infringement of this section. The utilization of labour brokers in South Africa has sparked debates between various stake-holders, with the other side arguing that labour broking should be banned it diminishes the rights of employees. In order to resolve the challenge relating to labour broking the study will make comparative analysis with the Namibian jurisprudence. The study takes full cognize of legislative framework governing labour broking and determines whether the available legislation provide full protection of labour rights. Through case law the study will highlight the constitutional challenges o labour broking in South Africa and challenges faced by employees employees employed through labour broking. The study concludes tht the regulation of labour broking is appropriate as the industry creates employment nd thus alleviates poverty and that the total ban labour broking in South Africa would be detrimental to those who seek employment without the necessary skills and qualifications.

Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2007.

According to most ways of measuring it the Swedish trade union movement is the strongest in the world. The Swedish Trade Union Confederation is the largest and most influential union confederation by far. Since the 1980s though, Sweden experienced a shift in the power relations between employers and unions in favour of the former. This has coincided with a growing importance for political communication, public relations and the mass media. This development has presented the Swedish trade union movement with a multitude of challenges. One of the major ones is how to influence the representations of trade unions and their viewpoints in the news media. The purpose of this study is to describe and try to explain how the Swedish Trade Union Confederation and its affiliated unions act to confront the “medialisation” of the public debate. A combination of research methods are used in this study in order to investigate both the historical development of trade union news management and the use of news management by trade union personnel in their everyday work. The study of how news management historically became a part in the overall union activity was performed through qualitative analysis of archive material. The study of the everyday uses of news management and the factors constraining this work builds upon interviews with the press officers of the TUC affiliated unions and the TUC itself. The study shows how both the historical development and the everyday use of news management by the Swedish trade union movement need to be understood in a context. This context contains political, economical, ideological and organisational structures that at the same time enables and constrains the adaption of news management. The study points towards five central paradoxes which faces the trade unions when they seek desired media attention and try to avoid unwanted publicity. The first paradox concerns how to fight hard in the interest of the members, while at the same time avoid being described as a sectional interest. The second paradox stems from the desire of the trade unions to be perceived as big and strong and how this might result in the labelling of them as ‘Goliath’ during a conflict. The next paradox concerns how trade unions want to show the importance of the work done by their members during a conflict and the way this might lead to media attention about how the strike affects ‘innocent bystanders’. The fourth paradoxes come from the wish of the trade unions to make their local representatives visible in mass media. This could result in unwanted publicity, due to the difference between blue-collar trade unionists and middleclass journalists. The fifth paradox stems from the importance of acting quickly to achieve wanted media attention and to avoid unwanted. The paradox is that it might be hard to be fast and at the same time have a thorough democratic process on a controversial issue.

Įmonės vadovas yra neatsiejama įmonės organizacinės sistemos dalis, be kurios įmonė negalėtų įgyti teisių bei prisiimti pareigų. Tačiau ne tik buvimas juridinio asmens valdymo organu, bet ir jo darbuotoju, sukuria tam tikrą įmonės vadovo ir įmonės teisinių santykių kompleksiškumą. Šis kompleksiškumas pasireiškia tuo, kad iš vienos pusės įmonės vadovo, kaip juridinio asmens organo, santykiai su įmone yra reguliuojami civilinės teisės normomis, o iš kitos – jam, kaip ir kiekvienam darbuotojui, privalomas darbo teisės normų laikymasis. Toks įmonės ir jos vadovų santykių reguliavimas dviejomis savarankiškomis teisės šakomis, neretai sukelia sunkumų nustatant, kuri teisės norma vienu ar kitu atveju turi būti taikoma. Siekiant geriau suvokti įmonės ir jos vadovų tarpusavio santykių pobūdį, šiame darbe yra nagrinėjami pagrindiniai aspektai vienaip ar kitaip susiję tiek su darbo teisės, tiek su civilinės teisės reguliavimo dalyku. Todėl analizė apima įmonės vadovo teisinio statuso prigimties bei raidos tendencijų vertinimą. Įmonės vadovo teisinio statuso specifika sąlygoja kiek kitokį šio subjekto darbo teisinių santykių reguliavimą nei paprastų darbuotojų. Bandant atskleisti šiuos skirtumus yra analizuojami darbo sutarties, sudaromos su įmonės vadovu, skirtumai nuo panašių civilinių sutarčių, šių darbo sutarčių sudarymas, rūšys, sąlygos. Be to, aptariami kitokie nei paprastų darbuotojų darbo santykių su įmonės vadovu pasibaigimo pagrindai bei šių santykių pasibaigimo procedūros... [toliau žr. visą tekstą] / Chief executive is an essential part of company’s organizational system and a company could not obtain rights and assume obligations without it. However, being not only a governing body of a legal entity, but also its employee, gives a rise for certain complexity of legal intercourse between the company and its chief executive. This complexity means that on one hand intercourse between company and its chief executive as a governing body are regulated by the civil law, while on the other hand the labor law rules are also applicable to him as to every other employee. Such dual regulation of relations between the company and its chief executive raises some difficulties when determining which legal norm has to be applied in certain circumstances. With the intention to comprehend the nature of intercourse between the company and its chief executive, this paper deals with major legal aspects one way or another related to regulatory subject of both labor and civil law. For this reason the analysis include the assessment of the nature and the development tendencies of legal status of company’s chief executive. The particularity of its legal status determines somewhat different regulatory regime applicable to a chief executive comparing to labor law applicable to ordinary employees. Aiming to display these differences the employment agreements with chief executive are analysed in comparance with similar civil contracts, as well as conclusion, types and conditions of such labor... [to full text]

Organisations play a major and increasingly important role in the lives of us all, especially with the growth of large-scale business and the divorce of ownership from management. The decisions and actions of management in organisations have an increasing impact on individuals, other organisations and the community. The power and influence which many business now exercise should be tempered, therefore, by an attitude of responsibility by management. The importance of the exercise of social responsibility can no longer be based on the assumption that the self-interest of the owner of the property will lead to the public good, or that self-interest and public good can be kept apart and considered to have nothing to do with each other. On the contrary, it requires of the manager that he assume responsibility for the public good, that he subordinate his actions to an ethical standard of conduct, and that he restrain his self-interest and his authority wherever their exercise would infringe upon the common weal and upon the freedom of the individual. South Africa is one of the countries with the fastest growing incidents of HIV/AIDS in the world. More people are living with HIV/AIDS in South Africa than in any other country in the world. Just in the past decade, the life expectancy in South Africa has dropped from 67 to 43 years. The social and economic impact of the disease is hard to overstate. HIV/AIDS affect companies through its impact on costs, on productivity, and on the demand for products. Competitiveness can be directly and adversely affected as companies are obliged to increase worker-related expenses for health benefits or insurance that are utilised more as result of the epidemic. Even without monetary outlays, the economic costs can be substantial. Absenteeism rises both directly, as workers begin to show HIV/AIDS symptoms and require more sick leave, and indirectly, as HIV/AIDS deaths increase and co-workers take leave to attend increasingly frequent funerals. In the medium term, company productivity will be hit, as the death of so many workers means that companies must constantly hire replacements, which raises training costs and lowers the average work experience - and hence productivity - of the labour force. The objective of this study is to determine the social responsibility of the South African mining companies dealing with HIV/AIDS employees and included the following aims: To develop a comprehensive HIV/AIDS intervention strategy to manage HIV/AIDS at the workplace. To guide the employer in implementing the anti-HIV/AIDS programme in the workplace. To support the employer in addressing the HIV/AIDS-related health, living, safety and working conditions of employees. The most important conclusions that could be drawn from this study are: Resistance to change is found even when the goals of change are highly desirable. The change process involves learning something new, as well as discontinuing current attitudes, behaviours, or organisational practices. The recognition of the importance of the social responsibility can be gauged in part by the extent of government action and legislation on such matters as, for example, employment protection, equal opportunities, companies acts, consumer law, product liability, health, and safeguarding the environment. More information is needed on the social, political, and economical costs of HIV/AIDS epidemic. Many managers fear that if information about HIV prevalence, and programmes are made public, their company's image will suffer. The impact of HIV/AIDS on the workforce especially on productivity, absenteeism, health, safety, working conditions and intervention programmes. / Thesis (Ph.D. (Industrial Sociology))--North-West University, Potchefstroom Campus, 2005.

Organisations play a major and increasingly important role in the lives of us all, especially with the growth of large-scale business and the divorce of ownership from management. The decisions and actions of management in organisations have an increasing impact on individuals, other organisations and the community. The power and influence which many business now exercise should be tempered, therefore, by an attitude of responsibility by management. The importance of the exercise of social responsibility can no longer be based on the assumption that the self-interest of the owner of the property will lead to the public good, or that self-interest and public good can be kept apart and considered to have nothing to do with each other. On the contrary, it requires of the manager that he assume responsibility for the public good, that he subordinate his actions to an ethical standard of conduct, and that he restrain his self-interest and his authority wherever their exercise would infringe upon the common weal and upon the freedom of the individual. South Africa is one of the countries with the fastest growing incidents of HIV/AIDS in the world. More people are living with HIV/AIDS in South Africa than in any other country in the world. Just in the past decade, the life expectancy in South Africa has dropped from 67 to 43 years. The social and economic impact of the disease is hard to overstate. HIV/AIDS affect companies through its impact on costs, on productivity, and on the demand for products. Competitiveness can be directly and adversely affected as companies are obliged to increase worker-related expenses for health benefits or insurance that are utilised more as result of the epidemic. Even without monetary outlays, the economic costs can be substantial. Absenteeism rises both directly, as workers begin to show HIV/AIDS symptoms and require more sick leave, and indirectly, as HIV/AIDS deaths increase and co-workers take leave to attend increasingly frequent funerals. In the medium term, company productivity will be hit, as the death of so many workers means that companies must constantly hire replacements, which raises training costs and lowers the average work experience - and hence productivity - of the labour force. The objective of this study is to determine the social responsibility of the South African mining companies dealing with HIV/AIDS employees and included the following aims: To develop a comprehensive HIV/AIDS intervention strategy to manage HIV/AIDS at the workplace. To guide the employer in implementing the anti-HIV/AIDS programme in the workplace. To support the employer in addressing the HIV/AIDS-related health, living, safety and working conditions of employees. The most important conclusions that could be drawn from this study are: Resistance to change is found even when the goals of change are highly desirable. The change process involves learning something new, as well as discontinuing current attitudes, behaviours, or organisational practices. The recognition of the importance of the social responsibility can be gauged in part by the extent of government action and legislation on such matters as, for example, employment protection, equal opportunities, companies acts, consumer law, product liability, health, and safeguarding the environment. More information is needed on the social, political, and economical costs of HIV/AIDS epidemic. Many managers fear that if information about HIV prevalence, and programmes are made public, their company's image will suffer. The impact of HIV/AIDS on the workforce especially on productivity, absenteeism, health, safety, working conditions and intervention programmes. / Thesis (Ph.D. (Industrial Sociology))--North-West University, Potchefstroom Campus, 2005.

During the past number of years the press in Namibia has been regularly publishing reports linking educators to some unacceptable conduct. The apparent increase in the frequency of educator misconduct coupled with relevant research in education law prompted this research to be carried out. Recent research shows that good labour relations promote mutual respect between employer and employee. In education, the good labour relations help to promote the achievement of the national goals on education. The aim of this research was to determine the nature and frequency of educator misconduct in public or government schools in Namibia. The research was also conducted to establish the extent to which educator misconduct affected learning and teaching in the schools as well as the effects on the well-being of the learners and other stakeholders in education. It was also aimed in this research to analyse the respective roles of those individuals, organisations or bodies, such as teacher unions, who are responsible for the management of educator misconduct. The findings from the review of policy documents, text books, journal articles and newspaper articles and the empirical research pointed out a high frequency of educator misconduct. Participants recommended that the supervisors and the employers have to do much more to curb the upsurge of educator misconduct. Educator misconduct was blamed for harmful effects to the learning and teaching of learners, as well as the wellbeing of other stakeholders. The research revealed that legislation plays an important role in the management of educator misconduct. Being consistent with the guidelines from legislation, jurisprudence and the common law regarding management of educator misconduct was established to be essential to ensure fairness to both learners and educators. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2007

During the past number of years the press in Namibia has been regularly publishing reports linking educators to some unacceptable conduct. The apparent increase in the frequency of educator misconduct coupled with relevant research in education law prompted this research to be carried out. Recent research shows that good labour relations promote mutual respect between employer and employee. In education, the good labour relations help to promote the achievement of the national goals on education. The aim of this research was to determine the nature and frequency of educator misconduct in public or government schools in Namibia. The research was also conducted to establish the extent to which educator misconduct affected learning and teaching in the schools as well as the effects on the well-being of the learners and other stakeholders in education. It was also aimed in this research to analyse the respective roles of those individuals, organisations or bodies, such as teacher unions, who are responsible for the management of educator misconduct. The findings from the review of policy documents, text books, journal articles and newspaper articles and the empirical research pointed out a high frequency of educator misconduct. Participants recommended that the supervisors and the employers have to do much more to curb the upsurge of educator misconduct. Educator misconduct was blamed for harmful effects to the learning and teaching of learners, as well as the wellbeing of other stakeholders. The research revealed that legislation plays an important role in the management of educator misconduct. Being consistent with the guidelines from legislation, jurisprudence and the common law regarding management of educator misconduct was established to be essential to ensure fairness to both learners and educators. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2007

The Labour Relations Act, 1995 makes no provision of a legally enforceable duty to bargain, but affords certain rights to unions such as organisational rights. Although employers are obliged to grant these rights to representative unions, they are not compelled to engage in bargaining with them as there is no duty to negotiate. However, the refusal to bargain will result in power play in order to convince the other party to negotiate. If an employer refuses to negotiate with a union, the union is able to strike without any fear of dismissal of its members, provided that the strike takes place with requirements of the Act. The questions that need to be answered are amongst others whether the amendments on organisational rights will truly broaden access to section 14 and 16 rights of the Labour Relations Act? Further than that, to investigate whether these amendments will lead a decline in industrial action related to organisational rights. It also becomes imperative to find whether these arrangements will enable commissioners to carry out the mandate of minimizing the proliferation of trade unions. The study aims to provide understanding of the principles of collective bargaining in the workplace. This in turn promotes better understanding of the rights enshrined in section 23(5) of the Constitution which provides that trade unions, employers’ organisation and employers have the right to engage in collective bargaining. This right is given effect to the Labour Relations Act as amended. The law regarding collective bargaining in South Africa has been interpreted in two ways; the Labour Relations Act refers to a duty to bargain collectively, while the Constitution refers to a right to engage in collective bargaining. These two interpretations have been subjected to judicial criticism in three cases in the South African National Defence Force. They are currently the main cases dealing with this issue in South Africa. The implications that a trade union is entitled to embark on strike action in order to obtain organisational rights in circumstances where it is not regarded as sufficiently representative, provides some form of relief for minority unions. Against this background, the critical legal question is the impact of recent amendments to the Labour Relations Act within the context of collective bargaining.

This thesis firstly explores the process and effects of social dialogue in the context of informal home-based workers in Gujarat, India, and secondly the applicability of Dryzek’s theory of discourse democracy on this case study. In doing this, the study investigates the potential of social dialogue and discourse democracy to work as instruments for improving the social and economic situation of the workers. The case study consists of how the organisation and trade union Self Employed Women’s Association (SEWA) communicate with influential actors in order to improve the social and economic situation of the informal home-based workers. The material is gathered through interviews with four organisers at SEWA, and observations made when visiting three areas of home-based workers. The empirical results are presented in a chapter demonstrating the process of social dialogue and its effect on the workers situation in this particular context. The second part of the results is a discussion where the theoretical framework, consisting of Dryzek’s discourse democracy and the critique of Habermas’s deliberative democracy that structure his theory, and the empirical findings are scrutinised in relation to each other; by discussing traits of the theories in connection to the case study. The thesis concludes that there are similarities between social dialogue in this case and the theory of discourse democracy, but the theory cannot wholly be used to conceptualise social dialogue. It demonstrated the importance of the communicative decision-making to admit a wide variety of kinds of communication and to involve an active civil society with support in the constitutional framework for improving the social and economic situation of the workers. However, it also indicates that other practices than communicative ones are necessary in this struggle.