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A comparative survey of the law relating to strikes in South Africa and the NetherlandsTroskie, Herman R. W. 06 1900 (has links)
In the first section of the dissertation, strike law in the Netherlands is focused upon. The
following issues are inter alia dealt with: the historical background of the strike
phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch
legislature to legislate in the field of industrial action, and the directly applicable
provisions of the European Social Charter.
The second section of the dissertation deals with South African strike law and also starts
off with a discussion of the historical background thereof, whereafter the provisions of the
1995 Labour Relations Act are analysed and discussed.
The third and last section highlights some of the major differences and points to some
similarities between the two legal systems. It concludes that the detailed South African
labour legislation does not provide more certainty than the Dutch judge-made law in
respect of the law relating to strikes. / Law / LL.M.
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The powers of the Labour Court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration : a comparative studyBezuidenhout, Susan Antoinette 30 November 2004 (has links)
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
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The process of retrenchment in a public institution with reference to the independent electoral commissionTshifura, Khaukanani Obadiah 30 June 2004 (has links)
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 and Development Studies / M.A. (Public Administration)
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Discontent among registered nurses in the public health sector in Tshwane Metropolitan areaNgwenya, Vindi Sarah 12 1900 (has links)
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)
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A comparative survey of the law relating to strikes in South Africa and the NetherlandsTroskie, Herman R. W. 06 1900 (has links)
In the first section of the dissertation, strike law in the Netherlands is focused upon. The
following issues are inter alia dealt with: the historical background of the strike
phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch
legislature to legislate in the field of industrial action, and the directly applicable
provisions of the European Social Charter.
The second section of the dissertation deals with South African strike law and also starts
off with a discussion of the historical background thereof, whereafter the provisions of the
1995 Labour Relations Act are analysed and discussed.
The third and last section highlights some of the major differences and points to some
similarities between the two legal systems. It concludes that the detailed South African
labour legislation does not provide more certainty than the Dutch judge-made law in
respect of the law relating to strikes. / Law / LL.M.
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HR employees' perceptions regarding the changes in labour brokingLoggenberg, Bennie 11 1900 (has links)
South Africa’s labour legislation went through significant changes recently, with the changes to section 198 of the Labour Relations Act 66 of 1995 being the most contentious. The purpose of this research was to explore the perceptions of employees in the HR department of an integrated petroleum and chemical company regarding the changes to labour broking and the potential implications of these changes for an integrated petroleum and chemical company and its employees.
The qualitative exploratory study was conducted with six employees of a large integrative petroleum and chemical company making use of labour brokers, until data saturation was reached. The data were collected by means of individual interviews and telephonic interviews. The results indicated that the changes to section 198 will have some positive and negative implications. The positive implications for an organisation included more productive employees and the ability to identify high-quality employees more easily. The positive implications for the company's employees are that the lower-income employees will be protected, the new legislation will provide permanent employment and there will be better dispute resolution procedures. The negative implications to the changes to section 198 for the organisation, include for instance higher costs, the drafting of new policies and guidelines and less employment flexibility. Negative implications for the employees include unemployment, negative attitudes towards the organisation, poor employability and a situation where the current and/or permanent employees have to do all the work. / Business Management / M. Com. (Business Management)
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The liability of trade unions for conduct of their members during industrial actionMlungisi, Ernest Tenza 18 September 2017 (has links)
South Africa has been experiencing a number of violent strikes by trade unions in
recent times. The issue is not only to hold unions liable for damage caused during
strikes, but also to reduce the number of violent strikes. This study investigates if
victims of such violence can hold trade unions liable for the violent acts committed by
their members during industrial action. The Labour Relations Act, 66 of 1995 (LRA)
makes provision for the dismissal of employees who commit misconduct during an
unprotected strike. It also provides the remedy of an interdict and a claim for just and
equitable compensation which can be made against the union, during an unprotected
strike. It is further possible to hold the union together with its members liable for
damages in terms of the Regulation of Gatherings Act, 205 of 1993 (RGA). The study
argues that a strike or conduct in furtherance of a strike that becomes violent could
lose protection and the trade union should consequently be held liable, in terms of the
LRA and/ or the RGA, for damages caused by its members. This study investigates
the position in Canada, Botswana and Australia to determine if there could be any
other basis upon which to hold trade union liable for the conduct of its members. The
study recommends that the common law doctrine of vicarious liability should be
developed by the courts to allow trade unions to be held liable for damages caused by
members during violent industrial action. Policy considerations and changing
economic conditions and the nature of strikes in the Republic favours the expansion
of the doctrine of vicarious liability to trade union member relationship. / Mercantile Law / LL. D.
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