Magister Philosophiae - MPhil / Over the past few years, there has been a noticeable increase of cases that the Commission for Conciliation, Mediation and Arbitration (CCMA) has dealt with relating to dismissal for social media posts by employees. Employees have shared some of their unpleasant experiences with their employers, some have expressed their grievances and in other situations have posted on social media platforms how unfairly they feel they are treated by their employers. There is very little scholarly research in South Africa on the discussion on the use of social media and how it affects the employment relationship that exists between the employer and employee as well as how it may affect the relationship that exists between colleagues. The main objective of this research is to establish whether there is a fair reason to dismiss an employee based on what they post on their personal social media platforms, and to understand when and how the right to privacy can be limited. The aim of this research is to find whether there are any shortcomings in the South African labour laws that social media has opened in our laws with regards to the employment relationship and the use of social media, if there are any shortcomings will recommend how the said shortcomings can be addressed.

M. Tech. Strategic Communication / The aim of this research is to analyse the perceived effectiveness of communication with visually impaired employees in the South African workplace. Moores (2002) model of social information needs of communication was used as a framewrok for the research.

Thesis (LLM)--University of Stellenbosch, 2001. / ENGLISH ABSTRACT: Section 197 of the Labour Relations Act 66 of 1995 ensures the transfer of a contract of employment from an old employer to a new employer on the transfer of a business as a gomg concern. Although section 197 is mostly based on European and British statutes and regulations, one should not rely on foreign provisions when interpreting section 197 without careful consideration. It is only when we understand the inherent limitations of applying these provisions, that they can be of any help to formulate definitions for the terms "transfer", "business" and "going concern". The two most important effects that section 197 has, is that it ensures the transfer of the contract of employment and that it protects the terms and conditions of employment when such a transfer takes place. Unfortunately, this section does not regulate dismissal on the transfer of a business. Section 197 also does not deal satisfactorily with the transfer of contracts of employment on the transfer of an insolvent business. As a result of the above-mentioned and other shortcomings of the current section 197, it was decided to amend the Act. The Labour Relations Amendment Bill 2000 relies heavily on precedents from foreign law, but unfortunately it does not adequately address all the current problems. / AFRIKAANSE OPSOMMING: Artikel 197 van die Wet op Arbeidsverhoudinge 66 van 1995 verseker die oordrag van 'n dienskontrak van 'n ou werkgewer na 'n nuwe werkgewer by die oordrag van 'n besigheid as 'n lopende onderneming. Alhoewel artikel 197 gebaseer is op Europese en Britse wetgewing en regulasies, moet die leser versigtig wees om sulke bepalings sonder skroom aan te wend by die interpretrasie van artikel 197. Wanneer ons die inherente beperkings daarvan begryp, mag die bepalings van hulp wees om definisies te vorm van die begrippe "oordrag", "besigheid" en "lopende onderneming". Artikel 197 het hoofsaaklik twee uitwerkings: dit fasiliteer die oordrag van die dienskontrak en verseker dat die terme en voorwaardes van indiensneming onveranderd bly. Die artikel reguleer nie ontslag by die oordrag van 'n besigheid nie. Artikel 197 reguleer ook nie genoegsaam die oordrag van dienskontrakte waar 'n insolvente besigheid oorgedra word nie. As gevolg van bogenoemde en ander tekortkominge is besluit om die Wet te wysig. Die Wysigingswetsontwerp op Arbeidverhoudinge 2000 steun op buitelandse presedente, maar spreek ongelukkig ook nie al die huidige probleme suksesvol aan nie.

Thesis (LLM)--University of Stellenbosch, 2001. / ENGLISH ABSTRACT: Section 197 of the Labour Relations Act 66 of 1995 ensures the transfer of a contract of employment from an old employer to a new employer on the transfer of a business as a gomg concern. Although section 197 is mostly based on European and British statutes and regulations, one should not rely on foreign provisions when interpreting section 197 without careful consideration. It is only when we understand the inherent limitations of applying these provisions, that they can be of any help to formulate definitions for the terms "transfer", "business" and "going concern". The two most important effects that section 197 has, is that it ensures the transfer of the contract of employment and that it protects the terms and conditions of employment when such a transfer takes place. Unfortunately, this section does not regulate dismissal on the transfer of a business. Section 197 also does not deal satisfactorily with the transfer of contracts of employment on the transfer of an insolvent business. As a result of the above-mentioned and other shortcomings of the current section 197, it was decided to amend the Act. The Labour Relations Amendment Bill 2000 relies heavily on precedents from foreign law, but unfortunately it does not adequately address all the current problems. / AFRIKAANSE OPSOMMING: Artikel 197 van die Wet op Arbeidsverhoudinge 66 van 1995 verseker die oordrag van 'n dienskontrak van 'n ou werkgewer na 'n nuwe werkgewer by die oordrag van 'n besigheid as 'n lopende onderneming. Alhoewel artikel 197 gebaseer is op Europese en Britse wetgewing en regulasies, moet die leser versigtig wees om sulke bepalings sonder skroom aan te wend by die interpretrasie van artikel 197. Wanneer ons die inherente beperkings daarvan begryp, mag die bepalings van hulp wees om definisies te vorm van die begrippe "oordrag", "besigheid" en "lopende onderneming". Artikel 197 het hoofsaaklik twee uitwerkings: dit fasiliteer die oordrag van die dienskontrak en verseker dat die terme en voorwaardes van indiensneming onveranderd bly. Die artikel reguleer nie ontslag by die oordrag van 'n besigheid nie. Artikel 197 reguleer ook nie genoegsaam die oordrag van dienskontrakte waar 'n insolvente besigheid oorgedra word nie. As gevolg van bogenoemde en ander tekortkominge is besluit om die Wet te wysig. Die Wysigingswetsontwerp op Arbeidverhoudinge 2000 steun op buitelandse presedente, maar spreek ongelukkig ook nie al die huidige probleme suksesvol aan nie.

Magister Administrationis - MAdmin / Through South African labour legislation, bargaining councils are empowered to conclude collective agreements between employers and trade unions. While bargaining councils were created for virtually every sector within the South African private sector, only one bargaining council exists for the public sector. This public sector bargaining council is known as the Public Service Co-ordinating Bargaining Council (PSCBC). The PCSBC subsequently established four sectoral councils to further collectively bargain on matters pertaining to sectoral issues relevant to the sector it represents. However, the PSCBC remains the apex of these four public service sectoral bargaining councils. This thesis focuses on how the Public Service Co-ordinating Bargaining Council (PSCBC) contributes to social dialogue within South African public service. This thesis seeks to fill a significant literature gap on collective bargaining as accomplished by the PSCBC. The thesis briefly examines the history of collective bargaining in the South African public service. The research methodology utilised includes information gleaned from annual reports published by the PSCBC. Interviews of selected stakeholders such as government officials and labour organisations involved in the PSCBC were conducted. The PSCBC objectives are identified and analysed against the performance of the PSCBC for the period 1997 to 2007. The relevant PSCBC role players are identified. The power realities between these role players are reflected. The criteria for remaining a party to these PSCBC will be explained. The thesis holds that historically an adversarial relationship existed between the state as employer and the recognised trade unions. The establishment of the PSCBC created the opportunity for the historical adversaries between an employer and trade union to be converted into social dialogue interactions, which are commonly believed to be a better approach in resolving their differences. / South Africa

The constitution of ELCSA was adopted in the constitutional assembly held on 15 to 19 December 1975 at Rustenburg, Tlhabane. The constitution of South Africa was adopted on 08 May 1996 and amended on 11 October 1996 by the constitutional assembly. It is obvious from this situation that the ELCSA constitution was put together and adopted during the rule of the National Party in consideration of the constitution of South Africa at the time. This suggests that the bill of rights was not taken into account when the constitution of ELCSA was written. The church‘s top down management system of administration is questionable. The harmony of rights and the ELCSA constitution was tested. The labour relations requirements are not taken into consideration by the ELCSA constitution given the procedures followed to add in addressing employee disputes. The ELCSA constitution was critically evaluated for compliance. The areas of the South African Constitution that were not considered at the initial stage of the church constitution were identified during the study. It is imperative though that the Church should not find her self-making concessions on issues that are contrary to Christian beliefs and norms that form the basis of the faith. Dr Martin Luther’s two kingdoms provided some guidance when the church was under pressure regarding certain issues that are required by the law of the country. Particularly the church does not condone abortion. In this study it was established that some areas require the church to mobilise and challenge the state. The study is concluded by a discussion of areas that present conflict between the church and legal requirements, areas that the church is omitting to do and areas that the church has to take a stand on. This discussion included recommendations that the church has to consider ensuring that legislation is complied with and that there is no conflict with the church constitution. / Dissertation (MA(Theology) Church History)--University of Pretoria, 2008. / Church History and Church Policy / unrestricted

This Doctoral thesis entitled the Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South Africa, focusses on individual labour law principles of fair labour practices entrenched in section 23(1) of the Constitution. The thesis deals with fairness in situation where an employee who is suspected of committing a criminal act is investigated and subsequently goes through a disciplinary hearing for dismissal. It determines the extent to which an employee’s criminal guilt is decided before dismissal. As such, the thesis is based upon South African judicial interpretation of the right to fair dismissal. In the process the thesis examines the application of principles informing the employer’s duty to provide fair reason concerning the dismissal of employees criminal suspects. In examining if employers observe constitutional transformative objective when conducting criminal investigations and disciplinary hearings - the thesis reviews the extent to which the employer respects constitutional rationales of equity based on the principles of natural justice. These natural justice principles are the basis upon which section 23(1) fairness is founded. Section 23 (1) is implemented through the LRA provisions. The thesis then concludes that, only one principle of natural justice - audi alteram partem is respected within employer flexibility-based fairness while the other principle - nemo judex in propria sua causa is ignored. It is this denial that causes serious procedural challenges in the quest for equity intended in section 23(1) fair labour practices. It is upon these foundational equity concerns that this thesis opposes the flexibility in employer’s criminal investigations and disciplinary hearing processes entrenched in item 4 (1) of Schedule 8 of the LRA fair procedure for dismissal of employees suspected of criminal acts. The thesis interlinks labour law and criminal law to advocate for the missing constitutionally justiciable fairness for employees who have committed criminal misconducts. It argues that the current judicial interpretation of labour law fairness is based upon the principle of flexibility underlying dismissals, asserting that fairness based on flexibility breeds informal procedural processes which exempt employers from observing crucial constitutional fairness principles expressed through proportionality-based prescripts. The thesis concludes that the practice of including the right against self-incrimination in employment law, done in other common law countries be introduced into the South African labour law through section 39 of the Constitution so that the identified procedural challenges are regulated. / Mercantile Law / LL.D.

The dissertation examines the process of retrenchment in a public institution with reference to the execution of such a process by the Independent Electoral Commission (IEC). The aim is to establish whether or not the retrenchment was substantively and procedurally fair as required by legislation. Notwithstanding the fact that the staff may have been disadvantaged by the short retrenchment notice (the staff did not have representation prior to the announcement, and the swiftness of the process did not, under the circumstances, provide the staff with enough time to comprehensively apply their mind to the underlying issues), the dissertation finds that the retrenchments had been substantively fair given the fact that the IEC could not retain all staff because of budgetary constraints. The dissertation also finds that the process had been procedurally fair in accordance with section 189 of the Labour Relations Act, 66 of 1995. / Public Adminstration & Development Studies / M.A. (Public Administration)

A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) dispute resolutions. This thesis incorporates a comparative study of the British and German labour law systems with reference to the relevant appeal and/or review procedures (as applied in their tribunals/courts), together with a discussion and application of certain other provisions relevant to South Africa labour law. / Jurisprudence / LL.M

The researcher used the integration of both qualitative and quantitative approaches. The respondents were drawn from three district, one regional, one academic and two private hospitals. Data was collected by means of questionnaires. The open-ended questions in the questionnaire allowed the respondents to respond in their own words (“etic” description). This enhanced the organisation and reduction of the relevant data for analysis as well as the validity and trustworthiness of the study. The study revealed that even though most of the South African government health policies were very advanced and among the best in the world, some crucial policies appeared to have encountered problems with implementation, from conflicting ideologies and opinions from hospital management, different unions, professional associations, the provincial government, the South African Nursing Council (SANC) and patients. Too many groups appeared to have discussed nurses‟ issues with government and made decisions for nurses, leaving nurses disillusioned. The majority of the respondents attributed this to poor representation at government level. Furthermore, some decisions, resolutions and strategies agreed upon between the unions and bargaining councils appeared to have worked against nurses, further dividing RNs and failing to accomplish the intended purpose. Although most of the respondents had hoped that the Occupational Specific Dispensation (OSD) for nurses would address chronic low salaries for all nurses in the PHS, it favoured certain specialty qualifications (which were based on the description of post-basic courses in R212 and R48, which were not clearly delineated). In addition, RNs were not informed about the meaning and implications of the OSD prior to implementation. The study thus found an information gap between government and RNs at the production level, which appeared not to be with the government and the nurses, but in between. Most importantly, nurses seemed to be represented more by unions to government and bargaining councils, as opposed to nurses, while most of the respondents did not favour the division of nurses between professional associations and unions. Decisions in the PHS appeared to have been dominated by leaders who had no experience with pragmatic issues of health care services (HCS), particularly at the operational level, and the dynamics of the nursing profession. The study therefore concluded that, if the right people (nurses, doctors and systems) were put in place, and nurses were represented by nurses at government level, bargaining councils and parliament, discontent among RNs in the PHS could be reduced significantly. Existing strategies were found to deal with the symptoms and not the root cause of discontent among RNs in the PHS. / Health Studies / D. Litt. et Phil. (Health Studies)