For many years, workers petitioned the Supreme Court of Canada to intervene in labour relations to protect their collective bargaining rights. Finally, the Court answered the call, but the drastic changes made were not what workers expected. This thesis outlines the effect that the Court’s decision to intervene in labour relations had on the existing collective bargaining model. In making this determination, a historical analysis was done of the Court’s attitude towards using section 2(d) Freedom to Associate to protect collective bargaining, followed by a comparative analysis with United States jurisprudence to explain the effect of the Canadian decisions on the statutory provisions. The analysis revealed that the decisions had significantly weakened protections for workers’ rights, and provided the basis to conclude that the Supreme Court of Canada had used the Canadian Charter of Rights and Freedoms to deradicalize the existing collective bargaining model.

In this thesis I address the question of sympathetic action - action by one group of workers designed to aid another group of workers in their struggle with an employer, manifested most obviously through refusals by workers to cross a picket line - through the lens of the Canadian Charter of Rights and Freedoms. As the law currently stands in Canada, undertaking sympathetic action collectively is invariably illegal as it is considered an illegal "strike" under Canadian labour legislation. Further, workers who undertake sympathetic action - whether collectively or individually - can be subject to discipline or discharge by their employer. I argue that workers who undertake sympathetic action can have numerous motivations, ranging from economic self-interest to deeply-held political or moral beliefs (the latter manifested through the concept of "solidarity"), and that when those motivations include expressive or conscientious interests, sympathetic action should be entitled to protection by the fundamental freedoms of conscience, expression, and association found in section 2 of the Charter. I further argue that a each of these freedoms represents a different aspect of the inherent dignity and worth of an individual, and that a right to sympathetic action promotes both those freedoms and Charter values. Finally, I argue that a constitutional right to sympathetic action is a free-standing right that can exist even in the absence of a constitutional right to strike. This thesis reviews the current and historical state of Canadian law (in both the statutory labour relations regimes and in common law) regarding sympathetic action, the potential application of the Charter freedoms of conscience, expression, and association to sympathetic action, and finally options for reform that reduce or eliminate restrictions on sympathetic action and therefore make our labour relations system more in keeping with Charter values.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 2003.

This dissertation focuses on the forces that are bringing about changes in the employment relationships in the higher education sector. Labour law regulates the employment relationships. This dissertation also seeks to determine the extent to which the forces that are external to the parties to the employment relationship determine the legal environment within which the parties can exercise their rights and obligations. The important factor that is taken into account in this regard is the constitution of the country which is the supreme law of the land. The fundamental rights that are enshrined in the constitution must be recognised and respected by labour law and consequently by the parties to the employment relationships. The constitution provides that when interpreting any legislation, every court, tribunal or forum must promote the spirit, purpose and objects of the Bill of Rights. This dissertation is confined to the public higher education system. The constitution also stipulates that the power to pass legislation that regulates tertiary education is given to the national government exclusively. It is for that reason that the Higher Education Act has been amended to give the Minister the power to bring about the desired changes. The National Plan for Higher Education that was introduced by the Minister of Education in March 2001 is the basis of the discussion of the issues of equity, restructuring, incorporations and mergers that are currently taking place in the higher education sector in this dissertation. This is a force that is external to the parties and is brought about by policy considerations. The analysis of the issue of equity therefore takes into account the right to equality as buttressed by affirmative provisions of the constitution of the country and the legislation that has been enacted to outlaw discrimination at the workplace and to promote equality of opportunity is considered. The enforceability of the equity provisions of the National Plan for Higher Education are analysed in this context. Labour law also determines the respective rights and obligations of the parties when it comes to restructuring that is taking place in the higher education sector. Labour law acknowledges that the operational requirements of employers may compel them to restructure their operations. This may lead to a loss of jobs. The principles of labour law and labour legislation that regulate these phenomena are analysed. The National Plan for Higher Education seeks to bring about a change in the landscape of the higher education system in this country. It proposes mergers and incorporations of certain institutions of higher education into. other such institutions. Labour law principles and legislation regulate how these phenomena can be effected. Common law recognises an employment relationship between a particular employer and a particular employee and does not provide for the notion of transferring the employment relationship to a new employer. This dissertation analyses the applicable provisions of labour law when this transfer of contract happens in the higher education sector. Our labour law is itself in a state of flux, not only because the relevant labour legislation is new, but also because that "new" labour legislation is in the process of being amended. This aspect has been compounded by the fact that the Labour Appeal Court has given different interpretations to certain provisions of the legislation, leading to further amendment of the legislation. The relevant amendments relate to dismissals based on operational requirements of the employer and the transfer of contracts of employment from the "old" employer to the "new" employer. This dissertation aims to highlight the measures that the role players must take to ensure that the implementation of the directives contained in the National Plan for Higher Education, among others, does not fall foul of our labour law. / Thesis (LL.M.)-University of Natal, Durban, 2001.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

(MBA) North-West University, Mafikeng Campus, 2005

Poverty is a significant world wide issue. Although literature on the impact of a minimum wage in the agricultural sector is rather limited, previous empirical research shows that employment was reduced with the implementation of a minimum wage. The following questions are studied: - Does the implementation of a minimum wage have any effect on employment in the agricultural sector of the North-West province? - Is there any relation between poverty and unemployment? - Does the implementation of a minimum wage and sectoral determination have any impact on social-economic issues. The empirical study is carried out by way of a questionnaire from which responses are investigated. A random sample was used to evaluate the effect of a minimum wage on employment and social-economic factors in the North-West province. The target population includes all the affiliated members of Agri North-West. This group is negative about labour laws and experiences that the implementation of a minimum wage has a negative effect on employment. The agricultural sector provides many job opportunities in South Africa. Seeing that a minimum wage has a negative impact on employment in the North-West province, further research is recommended. / Thesis (M.A. (Industrial Sociology))--North-West University, Potchefstroom Campus, 2007.

Poverty is a significant world wide issue. Although literature on the impact of a minimum wage in the agricultural sector is rather limited, previous empirical research shows that employment was reduced with the implementation of a minimum wage. The following questions are studied: - Does the implementation of a minimum wage have any effect on employment in the agricultural sector of the North-West province? - Is there any relation between poverty and unemployment? - Does the implementation of a minimum wage and sectoral determination have any impact on social-economic issues. The empirical study is carried out by way of a questionnaire from which responses are investigated. A random sample was used to evaluate the effect of a minimum wage on employment and social-economic factors in the North-West province. The target population includes all the affiliated members of Agri North-West. This group is negative about labour laws and experiences that the implementation of a minimum wage has a negative effect on employment. The agricultural sector provides many job opportunities in South Africa. Seeing that a minimum wage has a negative impact on employment in the North-West province, further research is recommended. / Thesis (M.A. (Industrial Sociology))--North-West University, Potchefstroom Campus, 2007.

Panorama da produção de Rodrigo Brotero Lefèvre de 1960 a 1984 como arquiteto e professor universitário dentro do quadro político-cultural do Brasil à época. Aponta o imbricamento entre teoria e prática que lhe é característica, por meio de uma consciência do planejamento que transpassa escritos e obras. Recupera questões perenes de seu trabalho profissional como assalariado e autônomo: coletividade, técnica, nacional e futuro. Aborda os vínculos de sua produção com a corrente paulista da arquitetura moderna no âmbito da ideologia e da linguagem, a partir de uma crítica radical filiada à corrente interpretativa de intelectuais brasileiros marxistas, nos termos da dualidade entre arcaico e moderno. Destaca finalmente o comprometimento de suas idéias com usuários e produtores da arquitetura, na busca de uma síntese entre utopia e realidade. / This dissertation aims at giving a panorama of Rodrigo Brotero Lefèvre´s production from 1960 to 1984 both as an architect and a university lecturer, considering the political and cultural scenario in Brazil over that period. It shows the interweaving of theory and practice typical of this author, through a concern about and control of planning, which pervades his writings and works. It also raises the discussion of perennial issues related to his professional work as a wage earner and a self-employed man: collectivity, technique, national issues and the future. It focuses on the connection of his production with the modern architecture stream in the state of São Paulo as regards ideology and language, based upon a radical criticism associated with the interpretative tendency developed by brazilian marxist intellectuals, in the sense of the duality between archaism and modernity. It eventually stresses the commitment of his ideas to architecture users and producers, seeking a synthesis of utopia and reality.

Estudar a indústria têxtil paulista, um dos mais importantes setores fabris no final dos anos (19)20, é, de uma certa mneira, compreender uma parte fundamental daquilo que abrange o complexo industrial brasileiro. O objeto desse estudo, nesse sentido, é a evolução econômica da indústria têxtil do estado de São Paulo durante as duas décadas pós-Depressão (1929-1950). Seu desempenho produtivo, as mudanças das suas estruturas subsetoriais e espaciais e suas relações de trabalho são alguns dos aspectos que este trabalho pretende examinar / To study São Paulo\'s textile industry, one of the most important ones in the late 1920s., is, in a certain way, to comprehend a fundamental part of what the brazilian industrial complex comprises. The object of this study, thus, is the economic evolution of São Paulo state\'s textile industry during the two post-depression decades (1929-1950). Its production performance, the changings of its sub-sectorial and spacial structures and its labour relations are some of the aspects that this work seeks to examine.