This is a study undertaken to assess the effectiveness of employment equity implementation at Suncoast Casino. 2004 will mark ten years since South Africa became a democratic Country and as such it is now time to assess changes that have taken place since 1994. This study delves into the minds of staff at Suncoast Casino to evaluate their perceptions on employment equity implementation based on the five processes of the Employment Equity Act of 1998. Whilst the Employment Equity Act attempts to right old wrongs, the question that still emerges is: Is this not just another attempt at window dressing past injustices? A structured questionnaire was effectively utilised to obtain the necessary data required for the outcomes of the study. The questionnaire was designed to specifically target the five provisions of Chapter Three of the Act. The responses were captured on SPSS and were subject to analysis. The results of the study revealed very interesting findings. It was clear that employment equity implementation is taking place at Suncoast Casino. The findings however, did suggest that improvements in job satisfaction and training and development are required at Suncoast Casino in order to ensure effective employment equity implementation. Chapter Five explores possible recommendations for dealing with these areas of concern. The point of conclusion to this research undertaken is dealt with in Chapter Six. / Thesis (M.B.A.)-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.

This study is concerned with the efficacy of the Skills Development Act in promoting skills development and training in South Africa. Skills development and training was examined in the context of the 30 manufacturing companies and 20 retail companies based in Pietermaritzburg. Firstly, the literature study provided a foundation on which to base the idea that skills development and training is vital in order for a country to achieve economic success. Secondly, efforts of other countries in promoting skills development and training were examined. Thirdly, skills development and training was examined in the South African context. The literature study lent support to the idea that there is a need for skills development in South Africa, considering factors such as HIV/AIDS, the shortage of scarce skills and labour demand trends in the South African labour market and the South African economy. The field study involved the use of questionnaires to gather data from the respondents. The results of the field study were group into pre-defined variables. The variables were then correlated and hypothesis testing was conducted to test the relationship between the variables. The main conclusions of the study are based on the hypothesis testing and the results of the field study and are detailed below. 1. The perceived effectiveness of the Skills Development Act was found to be a positive correlate of the effectiveness of training, the application of effective training procedures, the percentage of employers conducting formal training and the percentage of training costs recovered from the SETAs. 2. Training was perceived to be effective in terms of employee learning, employee performance and organizational performance. 3. There was an even split between companies that applied effective training procedures and those that did not. 4. Compliance with the Act was a pre-requisite for selection of the sample, however full participation in the Act was found to be lacking in general. This means that the majority of companies in the sample did not submit Workplace Skills Plans and Implementation of Training reports. 5. Compliance with the Skills Development Act was found to be a correlate of the application of effective training procedures, assistance received from the SETAs, the perceived effectiveness of training and the perceived effectiveness of the Skills Development Act. 6. It was generally perceived that the assistance received from the SETAs was poor. 7. On-the-job training was found to be prevalent in all companies; however formal training was more prevalent in companies that have a large number of employees. The average rate of formal training was calculated as 29.64%. 8. The number of employees was found to be a correlate of the percentage of formal training conducted, the percentage of training costs recovered from the SETAs, the perceived effectiveness of training and the application of effective training procedures. / Thesis (M.Com.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.

Many authors have cited the relatively high unemployment rate as the most severe economic problem facing South Africa today. At the same time, government institutions claim that the agricultural sector can help solve the high unemployment rate, as this sector has the potential to create employment for a large number of unemployed South Africans. These institutions do not elaborate on how the sector will provide so many jobs. Published empirical studies on the South African (SA) agricultural sector have recommended ways in which policy-makers may achieve their goals of creating employment. However, most studies on labour considered the entire agricultural sector, whereas this study focuses on a sub-sector, namely the SA sugarcane sector. The study aims to analyse the potential of the sugarcane SA sector to create employment by estimating long- and short-run price (wage) elasticities of labour demand for large-scale sugarcane farms on the South Coast, in the Midlands and in Tugela/Zululand during 1984/1985-2008/2009. Using panel data, two models are estimated by Ordinary Least Squares (OLS), Model 1 capturing labour use intensity and using “labour units employed per 1000 tonnes of cane cut” as the dependent variable, while Model 2 captures the total labour units demanded by large-scale sugarcane farmers. Only Model 2 is estimated using simultaneous equations as past studies indicate that labour use intensity may be analysed using single-equation models. For Model 1, the estimates of the long-run wage elasticities compared to the short-run wage elasticities are similar and around -0.5, -0.17 and -0.33 for the South Coast, Midlands and Tugela/Zululand regions, respectively. The wage elasticity estimates for Model 2 in the short-run were -0.34, -0.24 and -0.17 and in the long run -0.61, -0.42 and -0.30 for the South Coast, Midlands and Tugela/Zululand, respectively. The two econometric techniques (OLS and 3SLS) yielded similar wage elasticities. Results suggest that all labour demand estimates were wage inelastic, with the South Coast having a relatively greater response of labour demand to wage rate changes than the other two regions. Inelastic demand estimates for labour in all three regions may be due to the perennial, long-term nature of sugarcane and farmers taking time to decide how to respond to changes (hikes) in the price of labour. The decline in the demand for labour by large-scale sugarcane farmers due to an increase in real wage rates raises questions about the appropriateness of labour laws and minimum wage iii legislation that have increased the real cost of farm labour in the large-scale sugarcane sector of KZN. In order to reverse the rising farm labour unemployment trend in South Africa, the study recommends that policy-makers could rather adopt more flexible labour market regulations (for example, those relating to the hiring and dismissal of workers) that would reduce real labour costs and encourage local farmers to employ more labour on sugarcane farms. Furthermore, the land under sugarcane proved to be an important determinant of the demand for labour by large-scale sugarcane farmers and hence policies regarding land reform need to be revised and implemented more proficiently. Future research could focus on the skill-level of those workers who are affected the most following an increase in minimum wages and possible reasons why the KZN sugar industry is losing land to other land uses. / M.Sc.Agric. University of KwaZulu-Natal, Pietermaritzburg 2013.

Ezemvelo KwaZulu-Natal Wildlife (EKZNW) is a Schedule 3C public entity that is legally mandated by way of the KwaZulu Natal Nature Conservation Management Act 9 of 1997 to conserve indigenous biodiversity within the province of KwaZulu-Natal. During normal operations EKZNW employs unskilled temporary workers. In compliance with the Basic Conditions of Employment Act 32 of 1997 EKZNW’s Conservation Board approved the adoption of human resource and labour relations based policies to apply consistency in its dealings with human resource matters. Using International Labour Organisation principles to provide context, this study aims to identify the differences in conditions of employment between unskilled temporary workers and unskilled permanent workers at EKZNW, to understand why these differences exist, and what the implications are for the unskilled temporary workers. The following objectives applied in realising the aim: 1. Review International Labour Organisation conventions to determine internationally accepted employment principles for unskilled permanent workers; 2. Establish to what extent South African Constitution and the Basic Conditions of Employment Act complies with International Labour Organisation employment principles for unskilled permanent workers; 3. Establish to what extent EKZNW complies with International Labour Organisation employment principles, in relation to the South African Constitution and the Basic Conditions of Employment Act, with specific reference to unskilled temporary workers; 4. Understand the reasons for the differences in the Condition of Employment between unskilled temporary workers and unskilled permanent workers; 5. Establish the resulting implications for unskilled temporary workers; 6. Suggest recommendations about making working conditions more equitable between unskilled temporary workers and unskilled permanent workers. This study uses a combination of research techniques entailing document examination, semi-structured interviews, personal observations and data evaluation in realising the objectives. Descriptions of the study population, sample and size are presented; whilst describing the data collection instruments, data collection procedures, management and data analysis methods employed in conducting the study. Set against the International Labour Organisations 1988 Declaration on Fundamental Principles and Rights at Work, namely; freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and, the elimination of discrimination in respect of employment and occupation; Chapter 4 presents the results and discussion in combination against Objective 2, 3, 4 and 5, with Objective 6 being presented in the final Chapter. The study found that whilst EKZNW’s Conservation Board had approved and adopted the 2006 Remuneration Packages Policy and the 2007 Employee Performance Management and Development System to ensure ‘justice’ in its dealings with human resource matters; the policies had not been implemented on unskilled temporary workers. / Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2014.

There have been a number of labour disputes in the agricultural sector in the past year. Domestic workers’ wages and working conditions have also been under the spotlight. This study aims to determine whether or not the concept of decent work is adequately protected in South Africa’s current legislation; the implementation of such legislation and whether or not, as a member of the United Nations, South Africa’s legislation is in line with the international standards set by the International Labour Organization (ILO). The study examines previous labour legislation in order to establish the extent of the protection offered to employees, particularly domestic and farm workers. It provides recommendations in respect of the current legislation based on the ILO standards, particularly the Labour Inspection Convention No. 81 of 1947, Convention No. 184 Concerning Safety and Health in Agriculture, 2001 and Convention No. 189 and Recommendation No. 201 Concerning decent work for domestic workers, 2011. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

A study is made of the ever-growing worldwide social pandemic of workplace bullying. We define workplace bullying in terms of its characteristics and distinguish it from unfair discrimination in the form of harassment. A survey is presented of its occurrence worldwide and how it manifests as an organisational conflict, both as hierarchical and horizontal abuse. This is analysed in terms of a social science perspective. We consider grievance reporting as an indication of trends in workplace bullying and discuss the limitations of such reporting. We review the consequent effects of such limitations on the health of workers and workplace efficiency and note the shortcomings of existing labour law in dealing with this inadequacy. Our findings are summarised, with recommendations for resolving this conflict situation.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2016 / This research is a comparative study of affirmative action measures in South Africa and the United States of America. It examines affirmative action measures as a whole. It looks at the reasons for affirmative action; the legal standing of affirmative action; the present day application of affirmative action and the future affirmative action in South Africa The underlying purpose of this research is therefore threefold: Firstly, it provides a historical background to the needs of affirmative action measures. Secondly, it presents a detailed examination of affirmative action measures on a comparative basis and the various provisions that regulates these measures. Finally, the research examines and consider some important lessons that South Africa should bear in mind in its development of affirmative action jurisprudence and in the exercise of such programmes

Labour legislation was introduced into agriculture in the early 1990s with the Basic Conditions of Employment Act (BCEA) being gazetted in 1992. Since the mid-1990s "new" labour legislation pertaining to agriculture has been implemented in South Africa, and includes the Basic Conditions of Employment Act 75 of 1997 (amended), the Unemployment Insurance Act 63 of 2001 (amended), the Labour Relations Act (LRA) 66 of 1995, the Land Reform (Labour Tenants) Act 3 of 1996, the Extension of Security of Tenure Act 62 of 1997, the Employment Equity Act 55 of 1998, the Skills Development Levies Act 9 of 1999, and the Sectoral Determination (an amendment of the BCEA 75 of 1997) which includes the imposition of minimum wages. This study examines the legislation in detail as well as the implications of this legislation for agricultural labour employment in South Africa. A relative increase in the cost (transaction and wage) and risk associated with labour motivates farmers to replace labour with machinery, machinery contractors, labour contractors or new technologies that are labour-saving. This results in a decrease in the demand for unskilled workers and higher levels of poverty and unemployment in South Africa. This study estimates long-run price elasticities of demand for regular labour in South African (SA) agriculture using both Ordinary Least Squares (OLS) regression and a Two-stage Least Squares (2SLS) simultaneous equations model. The 2SLS model includes a labour supply equation. Secondary data obtained over a 43 year period (1960-2002) from Statistics South Africa and the Abstract of Agricultural Statistics were used in this study. Both models were estimated for the period 1960-2002, and included a piecewise slope dummy variable for wages with the threshold year taken as 1991 to reflect expected changes in farm labour legislation. Study results show that the estimated long-run price elasticity of demand for labour for the pre-1991 (i.e., 1960-1990) period was -0,25 for the OLS model and -0,23 for the 2SLS model suggesting that the demand for regular labour was jnelastic during this period. For the post-1991 period (1991-2002), the long-run elasticity was estimated as -1,32 for the OLS model and -1,34 for the 2SLS model. This shows a structural change in demand that questions the appropriateness of minimum wage and other labour legislation that has raised the cost of regular farm labour in South Africa. Labour legislation introduced in the early 1990s encouraged farmers to substitute casual workers for regular workers. However, the inclusion of all casual workers in minimum wage legislation from 2006 is expected to slow the casualisation of agricultural labour as farmers turn to labour contractors, chemicals and machinery as the next best substitutes. The study found that an increase (decrease) in the price of chemicals (pesticides and herbicides for crops, and labour saving dips and sprays for animals) result in an increase (decrease) in the demand for regular labour. The demand for labour is also sensitive to changes in real interest rates (used as a proxy for machinery costs). The cost of capital would decrease (increase) as interest rates fall (rise), resulting in farmers adopting more (less) machinery and equipment, causing a decrease (increase) in the demand for regular labour, ceteris paribus. In order to reverse the regular labour unemployment trend in SA agriculture, government could choose to adopt more flexible labour market regulations (i.e., legislation regarding the hiring and dismissing of farm workers, and increases in wages and benefits for the farm worker could be based on the individual performance of each worker as opposed to increasing the wages of the entire workforce through minimum wages) which would reduce labour costs and encourage farmers to employ more labour. / Thesis (M.Agric.Man.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.

This research focused on the legal response to the HIV/ AIDS epidemic in South Africa. The response adopted by the South African legislators embraces the protective model of the law. The philosophy underpinning this legislation is to engender respect for individuals and to promote human rights and in the context of HIV/AIDS, reduce the presence of stigmas and discrimination. Such an approach is commendable however in South Africa given the nature and extent of the crisis a more proactive legal response is required. Such a response is encapsulated within the empowerment model of legislation. The aim of this research was to demonstrate the need for such an approach in a work environment. In order to do so, a study of the Durban Metropolitan Unicity Municipality was undertaken. As a public institution such an entity is obliged to follow all employment laws and guidelines. This characteristic ensures that problems and advantages that arise regarding the implementation of protective legislation can be easily ascertained. The research was conducted by using a case study approach within a qualitative research methodology. The snowball method of sampling was relied on for obtaining respondents and the data collection technique adopted was interviewing specifically, semi-structured interviewing. Members of the Durban Metropolitan Unicity Municipality were interviewed on the primary aspects of its workplace policy on HIV/AlDS, which is based on the guiding principles of the protective employment laws of South Africa. The main findings of this research suggest that the protective model of legislation has not achieved a noteworthy level of success in the workplace of the Durban Metropolitan Unicity Municipality. This finding is derived from the Iow levels of awareness of employment legislation and the workplace policy, high incidence of discrimination prevalent and stigmas still attached to one's HIV/AlDS status, and general dissatisfaction with specific provisions of the workplace policy that are based on the principles of protective employment legislation. An alternative legal response was advocated namely, the empowerment model of legislation which is much more proactive in its application. This model of law focuses on the legal empowerment of people and is conducive to stimulating positive social changes. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2001.