Historically, labour dispute resolution in South Africa has been synonymous with being expensive, unnecessarily lengthy and ineffective. The Labour Relations Act (LRA) 66 of 1995 set out to change this through the creation of the Commission for Conciliation, Mediation and Arbitration (CCMA). The design of the CCMA is centred on a dispute resolution institution that adopts a quick, cheap and non-legalistic approach to dispute resolution. Through the introduction of compulsory arbitration for specified dismissal and unfair labour practice disputes, the LRA granted the CCMA the mandate of upholding the objectives of industrial peace and reducing exorbitant legal costs. The outcome of arbitration proceedings conducted under the auspices of the CCMA are final and binding. Accordingly, this sui generis type of proceedings aimed at being cheap and informal has several implications. The adherence to traditional legal principles, in particular the rules relating to the presentation and admissibility of evidence cannot be adhered to rigorously in a forum where parties are unrepresented and that has informality as a defining feature. This paper set out to examine the proposition that based on various statutory powers; arbitrations are to be conducted informally and free from legalism- which necessarily entails a relaxation if not elimination of the traditional exclusionary rules pertaining to the presentation and admission of evidence. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

M.Phil. / The Social Plan is an alternative retrenchment process to section 189 of the Labour Relations Act No. 66 of 1995 as amended. When the now defunct Mpumalanga Development Corporation was dismantled in 1997, following the speech of the then Premier of the Province, of the 5 th December 1996, South Africa saw the Social Plan route being followed for the first time in its short democratic history. While the Social plan is the better of the two routes, it still looks good on paper, but has been let down by the trade unions, the employers, the development corporations and the individual beneficiaries themselves in this case. The sad part of this is that the Government departments and the development corporations are the custodians of the objectives sought and enshrined in the Social plan. Their failure to observe this fact and live up to the expectations it genders is itself an indictment on these stakeholders. The dissertation deals with the deeper analysis and findings of the events and the omissions that took place in pursuit of the implementation of this novel concept in a real life situation. Definite recommendations are made within the text that contributes to how the effort can be rescued for the benefit of the retrenchees and the economy as a whole. The approach in this work has taken the form of a literature review as well as a field survey. The field survey did not yield a very high sample, but 20 respondents, who are former employees who were retrenched following the Social Plan route, were interviewed. These respondents had been located in the former KwaNdebele and former KaNgwane regions of the Mpumalanga Province. The main problem that resulted in this research was that the country as a whole is suffering a very high rate of unemployed at 37.5% (according to the 2001 Census Report) in the Mpumalanga Province. While that needs some attention, there is an increase in the retrenchments coming as a result of various global and domestic factors. These collectively impact the employment situation more adversely than positively. The social plan being one tool chosen to alleviate the problems identified in its own self contained rationale for being, has failed to live up to the expectations of all the stakeholders affected by it. The experience of the stakeholders in the first attempt to implement the social plan, have defeated the very objectives of the social plan, which include, inter alia, the following: a ...to avoid job losses and employment decline wherever possible. In cases where large job losses are unavoidable, it would seek to actively manage retrenchments and ameliorate their effects on individuals and local economies". The findings in this study revealed that the social plan rather deepened the problem and exacerbated rather than alleviated it. This adversity is not due to the nature of the social plan as an approach and a route to meeting the aims of its creation. It is rather reflective of the way and attitude with which parties to the social plan failed to apply their best abilities and efforts in its application. The dissertation also touches on entrepreneurships, Post employment and the currently raging broad based black economic empowerment drive that has taken the country by storm in various sectors. The attempt by this drive is to address the possible acceleration of the integration of black people into business at all levels and not just at SMMEs or post employment. One could say the whole BBBEE drive seeks to address even the pre-employment era in the life of a black South African.

M.Phil. / Na die nasionale munisipale verkiesings staan nuwe plaaslike munisipaliteite voor die grootste uitdaging ooit ten opsigte van dienslewering aan die gemeenskappe wat hulle bedien (Business Day, 2000, 12 Julie). Daar word berig dat slegs 20% van huishoudings in die Suid Afrikaanse samelewing het nie toegang tot skoon drinkwater en basiese sanitasie dienste het nie. Meer as 30% huishoudings het nie elektrisiteit nie en ongeveer 40% beskik nie oor vullisverwyderingsdienste nie (Business Day, 2000, 12 Julie). Van die huishoudings wat wel dienste ontvang, betaal 68% hulle munisipale rekenings stiptelik terwyl 1,4 miljoen huishoudings hulle huur en dienste gelde nie gereeld betaal nie. (Sake Beeld, 2000, 4 Julie). Gevolglik gaan plaaslike owerhede gebuk onder geweldige finansiele nood. Ongeveer 151 van die 843 munisipaliteite van Suid Afrika is in 'n krisis situasie terwyl byna die helfte van hulle finansiele probleme het. (Beeld, 1999, 22 Julie). Daar is selfs plaaslike owerhede wat pensioenfonds-, werkloosheidsversekering- en belastingbydraes gebruik om te betaal vir operasionele kostes. (Beeld, 2000, 27 Maart). Die Munisipale Afbakeningsraad het die aantal munisipaliteite in Suid Afrika verminder van 843 tot 232. In Mpumalanga alleen is die bestaande 55 munisipaliteite verminder na 25, 'n vermindering van ongeveer 50%. (Beeld, 1999, 16 November). Slegs 3 munisipaliteite in Mpumalanga funksioneer behoorlik terwyl 12 in 'n kritieke toestand is (Provinsiale Beeld, 1999, 25 November). Nader aan die tuisfront het die munisipale funksies van Ogies in duie gestort as gevolg van gebrek aan bekwaamheid van personeel. Ongeveer 20% van die inwoners betaal vir munisipale dienste (Provinsiale Beeld, 1999, 26 Julie). Die samevoeging van munisipaliteite behoort Iewensvatbaar in die hand te werk.

Thesis (M. Tech. (Labour Relations Management)--Vaal University of Technology / Sectoral Determination 7: Domestic Worker Sector was proclaimed by the Minister of Labour, Membathisi Mdladlana, and has stipulated the minimum employment conditions for the domestic worker sector since 1 September 2002. The purpose of this study evolved from the problem statement which clearly indicated the need for the assessment of awareness and compliance within the domestic worker sector. A detailed literature review enabled the researcher's orientation to the historical context of the sector as well as the need for transformation. Ultimately, the Determination's stipulations guided the assessment of both awareness (knowledge) and compliance (actions that correspond with legislative obligations) during an empirical review. A survey design was used to obtain responses from both domestic workers and employers of domestic workers, who were not necessarily in a direct employment relationship, within the Emfuleni Local Municipal District. Collected data was statistically captured and analysed. Desc1iptive statistics indicated that both employers and domestic workers have limited awareness with regard to the stipulations of Sectoral Determination 7. Results further indicated the difficulty in making a general pronouncement regarding compliance levels. It is suggested that compliance should be considered per individual stipulation of the Determination. The study concludes with the researcher's recommendation that more must be done to raise awareness within the sector amongst both employers of domestic workers and domestic workers. It was also recommended that more labour inspectors be made available not only to ensure the enforcement of Sectoral Dete1mination 7 (compliance) but also to facilitate the creation of continuous awareness.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012 / In Joseph v University of Limpopo & Others (JA14/09) [2011] ZALC 8 (13 May 2011) the Labour Appeal Court affirmed that there was unfairness in the process adopted by the employer in failing to renew the employee’s fixed term contract. This research paper examines the Labour Appeal Court’s reasoning in this case, with particular focus on the development of an implied term that each party to an employment contract owes the other a mutual duty of trust and confidence, and general reasonable behaviour. This paper further argues that mutual trust and confidence in the employment context protects the legitimate expectations of employees by serving as a bulwark against illegitimate conduct or acts of on the part of the employer designed or likely calculated to destroy the employer-employee relationship, thereby ensuring fuller protection of an employee’s constitutional rights. Joseph v University of Limpopo & others is of great significance. It indicates that the employer’s ability to rely successfully upon its prerogative not to renew fixed term contract where an employee has legitimate expectation of renewal may be contingent on its having acted in a manner consonant with mutual trust and confidence.

This research is an investigation into the Apil B as a culture fair assessment tool for the purpose of recruitment and selection. The Employment Equity Act stipulates that "psychological testing and other similar assessments are prohibited unless the test or assessment being used :-a) has been shown to be valid and reliable b) can be fairly applied to all employees and c) is not biased against any employee" (Employment Equity Act, 1998). The primary objective of this research is to evaluate the Apil B with regard to validity. reliability, cultural fairness, and bias via a consideration of the attitudes, opinions, and feelings of psychometric test administrators in the Kwa-Zulu Natal region. The secondary objective is to ascertain whether the Employment Equity legislation has influenced the attitudes of test administrators toward psychometric testing, and the implications for psychometric testing in South Africa following the Act. The sample in this research consists of 20 qualified test administrators of the Apil B. The administrators are affiliated with the following companies : Beacon, Durban Electricity, Profiled Appointments, Mondi, McCann and Associates, Saunders and Associates, Tetrapak, lthaJa, and Mangosuthu Technikon. Qualitative and quantitative methods are used. A self-administered questionnaire is used to investigate the attitudes, opinions, and feelings of the respondents toward the Apil B as a culture fair assessment, specifically in relation to validity, reliability, cultural fairness, and bias. Although most of the questions are qualitative, quantitative questions are also included. Therefore, this research requires numerical data as well . The quantitative questions include yes and no responses, as well as rating scales. The quantitative data supplements the qualitative data and therefore facilitates a more concrete data base. The results indicate that all respondents feel that the Apil B is valid, reliable, culture fair and fairly applied . Respondents feel more positively toward the new updated psychometric tests. They expressed greater confidence in terms of knowing which tests are inappropriate and which tests are relevant to specific jobs. It is also evident that the Employment Equity Act has strongly influenced the attitudes of respondents, in a very positive light, toward the use of psychometric testing. The respondents do however mention some concerns with regard to language based tests, and the ethical use of tests. According to the research conducted, the Apil B is regarded as a valid, reliable, and culture fair assessment tool in the opinion of the respondents utilised in this study. It is therefore recommended that the Apil B is used in organisations as a test that does not discriminate against any culture or subculture. / Thesis (M.A.)-University of Natal, Durban, 2000.

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.

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.