Includes abstract. / Includes bibliographical references (leaves 121-127). / The metal and engineering industry is one of the most significant contributors to South Africa’s manufacturing employment and economic performance. In recent times though debate regarding the industry has centered on reported critical skills shortages, alluding to decreased employment and performance. Studies confirmed that skills shortages at artisan, technical, engineering and management levels existed with artisans representing the most critical skills shortage in the industry. This study evaluates the nature and extent of skills development taking place in a sample of metal and engineering firms located in the industry’s most significant province, Gauteng. Research was conducted through interviews with skills development representatives from a non-randomly selected sample of firms belonging to three categories in the metals beneficiation value chain, namely: raw material processing firms; intermediate product producing firms and finished product producing firms.

Includes bibliographical references (p. 80-85). / This dissertation attempts to give a better understanding of how the different social environments in Cape Town and Johannesburg influence organisational culture at The Company and how this impacts on the ways that black African managers navigate borders and negotiate identity in the workplace. The hypothesis of this study is that race and 'laid-backness' are key differentiating factors between The Company in Cape Town and in Johannesburg. This is a descriptive case study that mixes both quantitative and qualitative methods of data collecting and analysing data, however it is primarily a qualitative study. The study focuses on two branches of the same company. 43 out of a total of 138 black African managers were surveyed and 22 of these were interviewed. The selection was a good cross-section of all middle and senior black African managers, as well as from both genders. A questionnaire comprising of a 21-point values survey and a series of open-ended unstructured and structured questions was used in the quantitative data collection process. A semi-structured interview schedule was used in the qualitative data collection process. The qualitative data was analysed using Miles and Huberman's (2004) two-level coding process with the assistance of Nvivo and the quantitative data was analysed using descriptive statistics with the assistance of Statistica.

Includes abstract. / Includes bibliographical references (leaves 79-81). / This exploratory study aimed to investigate the role that design houses play in the Cape Town clothing value chain of production. Semi-structured interviews were conducted with key informants, buyers in clothing retail companies, heads of design rooms in design houses, and homeworkers. Findings reveal that design houses act as intermediaries between retailers and clothing manufacturers or between retailers and homeworkers. In their latter role design houses are forging links between the informal and formal clothing economy. As in buyer-driven chains of production, retailers in the clothing value chain wield a substantial amount of power in determining prices. It was found that design houses are not completely powerless in their relationship with retailers, in fact, they posses knowledge that enables them to bargain over prices. The relationship between design houses and homeworkers was found to be an oppressive one, with homeworkers possessing little to no bargaining power. The increase in the number of design houses in Cape Town has assisted in the survival of the industry in the face of a number of difficulties. The continued presence of design houses creates the potential for development in the industry.

Includes bibliographical references (leaves 66-69). / The south east and cape flats regions of Cape Town is home to abundant supplies of cheap and available unskilled labour. With the awareness that Cape Town may be slowly following the developmental path of Johannesburg and many other cities of the world, as decentralization, suburbanization, and the overall processes of economic 'tertiarisation' and urban transformation encompass the entire structure and culture of the city, we wonder about how the cities unskilled workforces are faring. Development has focused on the north of the city while the south east has been bypassed, causing residents to have to travel far out to find jobs and work. There is a clear spatial mismatch between places of work and places of residence for the workers of the South east, and overcoming this disconnection is challenged further by an inefficient and expensive public transport service, upon which they are fully dependent. By way of the interviews with businesses from various industrial areas in Cape Town, this thesis shows that many owners and management do not place much importance on where their workers, in particular unskilled and semi-skilled manual workers live and how they travel. It seems that when choosing a location for their businesses, size, price, and availability may limit owners' options of location choice and interviews reveal that owners may be responding to rather than driving development. Findings reveal that unskilled manual workers typically reside in the south east, while business owners, management and other white collar workers typically live in the northern and southern suburbs, as well as other central areas. Furthermore, transport patterns were evaluated and it is clear that the unskilled workers rely heavily on public transport while higher skilled occupational groups either have their own car, or are part of lift-clubs. The problem of a spatial mismatch is clearly skewed towards workers of the south east who rely on public transport, by intensifying the burdens of commuting times and costs. A further finding is that many businesses resort to highly informal methods of recruitment, such as word-of-mouth and internal referral techniques, revealing the significance of social networks in gaining access to job opportunities. This is especially important for workers trying to find employment in areas outside of the traditional economic nodes as it is expensive to commute to those areas regularly in search of employment. Having access to those businesses through employed family members, neighbours and relatives, is therefore critical.

No description available.

<p>The Employment Protection Act (1982:80; LAS) is one of the cornerstones of the labour law that regulates the relationship between employer and employee. The central rule as stated in 4 § LAS is valid for an indefinite term. LAS is a semi-optional law in accordance with 2 § LAS which facilitates deviation from the central rule.</p><p>Temporary employment is dealt with in 5 and 6 §§ LAS, regulations and collective bargaining agreements. The purpose of the legislative change on July 12007 was to simplify the use of temporary employment and to make the law more predictable and easier to interpret. The previous law was unnecessarily difficult for the employer to know when to put into practice. The government's objective was to limit employer's possibilities of keeping an employee on a temporary contract for a longer period of time. Shortening thetime that an employee can be on a temporary contract from three to two years during a five-year period with the same employer will increase the security and confidence of theemployee. Temporary employment contracts are an important way into the labour market for young people or for people with little work experience. These contracts also contribute to a more flexible and adaptable labour market even though the protection for the individual employee may be reduced.</p><p>The Government's bill suggested that temporary employment contracts should be entered into by either general fixed term employment, temporary substitute employment, seasonal employment or when the employee has attained the age of 67. Fixed term employment can be entered into without the employer giving particular reasons as to why, but the employer does have to show there is a need for contract work as opposed to permanent employees.</p><p>The Labour Court has defined temporary substitute work but it has not been made clear by laws or preparatory work. To employ temporary substitute workers, it is required that one of the permanent workforce is temporarily absent, or it has to be clearly stated in the employment agreement that the position is on a temporary substitute basis. It is also required that the employer state who the position is a substitute for in the permanent workforce as well as for how long the temporary position will be held. Seasonal employment can be entered into for certain periods of time/seasons if the work is dependent on the seasonal variations of the year. The aim for contracts for temporary employment for people over the age of 67 is to make it possible for older people to stay in employment after the retirement age.</p><p>Through the empirical study it was expressed that the interpretation of 5 § LAS is not clearly constructed and that the practitioner must look in preliminary work and other legal practices to establish the meaning of the legislator. For this reason, 5 § LAS is unclear for the individual employer and employee. It should be discussed as to whether the law should be redrafted.</p>

The Employment Protection Act (1982:80; LAS) is one of the cornerstones of the labour law that regulates the relationship between employer and employee. The central rule as stated in 4 § LAS is valid for an indefinite term. LAS is a semi-optional law in accordance with 2 § LAS which facilitates deviation from the central rule. Temporary employment is dealt with in 5 and 6 §§ LAS, regulations and collective bargaining agreements. The purpose of the legislative change on July 12007 was to simplify the use of temporary employment and to make the law more predictable and easier to interpret. The previous law was unnecessarily difficult for the employer to know when to put into practice. The government's objective was to limit employer's possibilities of keeping an employee on a temporary contract for a longer period of time. Shortening thetime that an employee can be on a temporary contract from three to two years during a five-year period with the same employer will increase the security and confidence of theemployee. Temporary employment contracts are an important way into the labour market for young people or for people with little work experience. These contracts also contribute to a more flexible and adaptable labour market even though the protection for the individual employee may be reduced. The Government's bill suggested that temporary employment contracts should be entered into by either general fixed term employment, temporary substitute employment, seasonal employment or when the employee has attained the age of 67. Fixed term employment can be entered into without the employer giving particular reasons as to why, but the employer does have to show there is a need for contract work as opposed to permanent employees. The Labour Court has defined temporary substitute work but it has not been made clear by laws or preparatory work. To employ temporary substitute workers, it is required that one of the permanent workforce is temporarily absent, or it has to be clearly stated in the employment agreement that the position is on a temporary substitute basis. It is also required that the employer state who the position is a substitute for in the permanent workforce as well as for how long the temporary position will be held. Seasonal employment can be entered into for certain periods of time/seasons if the work is dependent on the seasonal variations of the year. The aim for contracts for temporary employment for people over the age of 67 is to make it possible for older people to stay in employment after the retirement age. Through the empirical study it was expressed that the interpretation of 5 § LAS is not clearly constructed and that the practitioner must look in preliminary work and other legal practices to establish the meaning of the legislator. For this reason, 5 § LAS is unclear for the individual employer and employee. It should be discussed as to whether the law should be redrafted.

This thesis considers the substance of a labour arbitrator’s expertise. The author argues that the question is timely in that its answer provides a novel way to approach the position the Supreme Court of Canada has taken with respect to an arbitrator’s rightful jurisdiction, most notably in the over-decade old decision of Weber v. Ontario Hydro, a decision which continues to act as a thorn in arbitrators’ sides.

This thesis considers the substance of a labour arbitrator’s expertise. The author argues that the question is timely in that its answer provides a novel way to approach the position the Supreme Court of Canada has taken with respect to an arbitrator’s rightful jurisdiction, most notably in the over-decade old decision of Weber v. Ontario Hydro, a decision which continues to act as a thorn in arbitrators’ sides.

Please read abstract in the dissertation Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted