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The obligation on employers to effect affirmative action measuresPapu, Mzimkulu Gladman January 2017 (has links)
Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.
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The relationship between personality variables and justice perceptions of the Employment Equity ActFalconer, Leanne Teresa January 2000 (has links)
A dissertation submitted to the Department of Industrial Psychology, at the University
of the Witwatersrand, Johannesburg in partial fulfillment of the requirement for the
degree of Masters of Arts, by Coursework and Research Report, 2000 / The current research report examines the relationship between personality variables and
the perceptions of distributive, procedural and interpersonal justice. The study was
performed with 70 employees from a company that supplies a financial service to the
man on the street and companies with regard to all movable assets. The results indicated
that certain aspects of the personality as defined by Jung do impact on an individual's
Justice Perceptions. However, the sample size was too small to draw any conclusive
relationships. The theoretical and practical implications of this are discussed along with
limitations of the current research and directions for future research have been
considered. / AC2017
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A legal analysis of incompatibility as a ground for dismissal in the South African labour lawMushwana, Risana Einneth January 2022 (has links)
Thesis (LLM. (Labour Laws)) -- University of Limpopo, 2022 / This study discusses a legal analysis of incompatibility as a ground for dismissal in the South African labour law. Incompatibility refers to the inability of an employee to maintain a harmonious relationship with his or her employer, or unable to adapt to the corporate culture of the workplace. The corporate culture is associated with the values, beliefs and behaviour to determine how employees interact with each other in the workplace. Therefore, in cases where the employer contemplates dismissing an employee on the ground of incompatibility, procedural fairness and substantive fairness should be implemented in order for the employer/s to make informed decision and ensure that the dismissal of such an employee is effected in accordance with the procedural and substantive fairness couched in the Labour Relations Act 66 of 1995 („the LRA‟).
Section 23 of the Constitution of the Republic of South Africa, 1996 provides broadly the right of everyone to fair labour practices. Consequently, the LRA was established to give effect to this constitutional provision. In terms of section 185 of the LRA everyone has the right not to be unfairly dismissed. Be that as it may, incompatibility is not clearly defined in section 188 of the LRA. In fact, there are no guidelines nor corrective measures implemented in the workplace to deal with incompatibility. Hence incompatibility is dealt with under dismissal based on incapacity. In most cases employers use their discretion in dismissing employees, thereby using improper procedure to end disharmony in the workplace. In summation, the central thesis of this study focuses on a legal analysis of incompatibility as a ground for dismissal in the South African labour law.
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An evaluation of the rights of fixed term employees in South AricaGeldenhuys, Judith 28 May 2014 (has links)
The current South African legislative framework does not properly address the unequal bargaining position between employers and fixed term employees. Ineffective regulation of fixed term employment in South Africa has had the effect of excluding certain groups of fixed term employees from claiming the remedies provided in terms of the Labour Relations Act and other labour legislation. Furthermore, where remedies are applicable to them they are often ineffectual.
Interpretational variation evident from case law pertaining to the enforcement of the rights of fixed term employees, indicate clear lacunae in the unfair dismissal protection afforded to these vulnerable employees. This is mainly a consequence of uncertainties related to the interpretation of the legislative provisions.
The infusion of the values entrenched in the Constitution of the Republic of South Africa and the development of the common law to reflect these values might augment the scope and availability of rights enjoyed by fixed term employees. But, changing socio-economic and political circumstances necessitates review and amendment of the legislation applicable to fixed term employees to meet the country’s constitutional and international obligations.
Proposed amendments to the Labour Relations Act have been tabled. These amendments may be capable of addressing some of the current problems. However, they may also lead to other undesirable consequences. An investigation into problems related to the application of similar provisions as those proposed by the Labour Relations Amendment Bill in other jurisdictions crystallises some possible causes for concern. Some of the proposed changes could create new vulnerabilities, or renew old ones. / Private Law / LLD
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Medical therapeutic privilegeCoetzee, Lodewicus Charl 01 January 2002 (has links)
The therapeutic privilege is a defence in terms of which a doctor may withhold information from
a patient if disclosure of such information could harm the patient. This study explores the defence
of therapeutic privilege and provides a critical evaluation. A comparative investigation is
undertaken, while arguments springing from a variety of disciplines are also incorporated.
A number of submissions are made for limiting the ambit of the defence. The main submission
is that the therapeutic privilege should comply with all the requirements of the defence of
necessity. In addition, it should contain some of the safeguards afforded to the patient by the
requirements of the defence of negotiorum gestio so that therapeutic privilege is out of the
question if medical treatment is administered against the patient's will, or the doctor has reason
to believe (or knows) that the patient will refuse to undergo an intended intervention once
properly informed. / Jurisprudence / L.L.M. (Jurisprudence)
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An analysis of legal implications for participating in an unprotected strikeMawasha, Mashale B. 20 August 2014 (has links)
The effective management of a strike is generally a challenging phenomenon which impacts on employers, employees and the general public. The main purpose of this study was to analyse the legal implications of employees’ participation in an unprotected strike. The study also explored requirements for a strike to be protected in compliance with the prescribed legislation. From the literary review, cases and legislation, it became clear that compliance plays a key role when a consideration is taken by employees to take part in a strike during dispute resolution.
In analysing the legal consequences for participating in an unprotected strike, a finding was made that employers in the end have an upper hand in that when all due processes and procedures are followed, they are empowered to dismiss employees. Legislation and international standards form the cornerstone upon which dispute resolution mechanisms and the rights of employers and employees are derived from. / Mercantile Law / LL.M. (Labour law)
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Diensbeëindiging as deel van die uitsluiting in die Suid-Afrikaanse regPotgieter, Hendrik Josephus 01 1900 (has links)
Text in Afrikaans / Summaries in English and Afrikaans / The statutory definition of the lock-out encompasses
certain acts (inter alia termination of contracts of
employment) which must be executed by the employer
with a certain purpose.
The Appellate Division has recently found that the
employment relationship not necessarily terminates
similarly to the common law contract of employment,
but may subsist after termination of the contract of
employment.
The industrial court does not easily accept that it
has been deprived of its unfair labour practice
jurisdiction where terminations of employment take
place in consequence of a lock-out. The motive of the
employer seems to be decisive.
In line with both the trend in first world countries
and principles established by the courts in South
Africa, the Constitution and especially recent labour
legislation significantly curtail the bargaining power
of the employer because it is progressively being
believed that the employer has sufficient economic
power to his disposal. / Die omskrywing van die uitsluiting in wetgewing omvat
sekere handelinge {onder andere beeindiging van dienskontrakte)
wat deur die werkgewer met 'n sekere doel
verrig moet word.
Die Appelhof het onlangs beslis dat die diensverhouding
na beeindiging van die dienskontrak kan bly
voortduur en nie noodwendig soos die gemeenregtelike
dienskontrak ten einde loop nie.
Die nywerheidshof aanvaar ook nie geredelik dat hy in
geval van diensbeeindiging wat volg op 'n uitsluiting
van sy onbillike arbeidspraktyk jurisdiksie ontneem is
nie. Die motief van die werkgewer blyk hier deurslaggewend
te wees.
In lyn met sowel die ne1g1ng in eerstew~reldse lande,
asook beginsels reeds deur die howe in Suid-Afrika
gevestig, word die bedingingsmag van die werkgewer
ingevolge die Grondwet en veral onlangse arbeidswetgewing
betekenisvol ingekort omrede toenemend aanvaar
word dat die werkgewer oor voldoende ekonomiese mag
beskik. / Law / LL.M.
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Bewysreg in die Suid-Afrikaanse arbeidsregVan der Merwe, George Willem 04 1900 (has links)
Summaries in Afrikaans and English / Text in Afrikaans / In hierdie proefskrif word daar gekonsentreer op die bewyslas in die nywerheidshof omdat
die nywerheidshof se benadering met betrekking tot die bewyslas verskil van geval tot gevaL
afhangende van die aard van die regshulp waarvoor die party je die nywerheidshof nader.
In die tweede plek volg 'n bespreking van hoe en deur wie die voorlegging van getuienis
aan die nywerheidshof mag geskied, hetsy by wyse van dokumente of getuies en
daarbenewens oak 'n bespreking van watter soort getuienis aan die nywerheidshof voorgele
mag word met spesifieke verwysing na inter alia, klankopnames, videobande en die
resultate van leuenverklikkertoetse. / In this thesis there will be concentrated on the burden of proof in the industrial court
because the industrial court's approach in regard to the burden of proof differs from case
to case, depending on the nature of the legal aid for which the party /ies approaches the
industrial court.
In the second place a discussion will follow of how and by whom the presenting of evidence
can be done, whether by documents or by witnesses, and in addition thereto also a
discussion on which sort of evidence can be presented to the industrial court with specific
reference to, inter alia, taperecordings, video tapes and the results of lie-detector tests. / Private Law / LL.M. (Handelsreg)
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'n Kritiese evaluering van die arbeidsregtelike posisie van plaaswerkers in Suid-AfrikaCalitz, Karin Beatrix 11 1900 (has links)
Summaries in English and Afrikkans / The aim of this thesis is to investigate the labour law position of South African farm workers. For three
and a half centuries farm workers constituted the most neglected group in the South African labour force.
Consequently, an understanding of their present position can only be obtained by investigating their labour
history.
As in other parts of the world, farm workers in South Africa held a subordinate position to agricultural
employers. Discrimination against black persons added to the inferior socio-economic and political
position of South African farm workers. White farmers occupied a strong political position during most
of the time under investigation, which enabled them to institute and apply discriminatory legislation and
informal methods to overcome labour shortages. The freedom of movement of black people and their
access to land were restricted to create a cheap immobile labour force. During the 20th century farmers
prevented the inclusion of farm workers in labour legislation by exercising their political influence.
Pressure by industrial trade unions and encouragement by the International Labour Organisation (ILO)
resulted in the adoption of the Agricultural Labour Act which made labour legislation applicable to farm
workers, but precluded them from striking and made allowance for longer working hours than for
industrial workers.
The new political dispensation facilitated the inclusion of farm workers in general labour legislation
without any discriminatory exceptions and land reform legislation now protects farm workers against
arbitrary evictions. A bill of rights furthermore guarantees the rights of farm workers which were
previously violated. It would superficially seem that farm workers' problems are something of the past.
Farm workers, however, remain handicapped in exercising their new rights by historical factors and
circumstances peculiar to the agricultural sector. Legal comparison with Ontario and California confirms
that legislation alone is insufficient to empower farm workers.
It is recommended that the government amend existing legislation to accommodate the special needs of
farm workers and that relevant ILO conventions, especially Convention 141 of 1975, be ratified to aid the
development of unions for farm workers. This will contribute to the empowerment of and social justice
for farm workers. / Die doel van hierdie tesis is om die arbeidsregtelike posisie van Suid-Afrikaanse plaaswerkers te
ondersoek. Plaaswerkers was vir drie en 'n half eeue die mees afgeskeepte groep in die Suid-Afrikaanse
werksmag. Om die huidige posisie van plaaswerkers te begryp is dus slegs moontlik deur 'n bestudering
van die regsgeskiedenis van plaaswerkers.
Soos in ander werelddele beklee plaaswerkers in Suid-Afrika 'n minderwaardige posisie teenoor
landbouwerkgewers. Diskriminasie teenoor swartpersonehet bygedra tot die sosio-ekonomiese en polities
minderwaardige posisie van Suid-Afrikaanse plaaswerkers.
Blanke boere het gedurende die grootste deel van die tydperk onder bespreking 'n sterk politiese posisie
beklee wat hulle in staat gestel het om diskriminerende wetgewing en informele metodes aan te wend om
arbeidstekorte te bowe te kom. Swart persone se bewegingsvryheid en toegang tot grond is beperk om 'n
goedkoop immobiele werksmag te vorm. Gedurende die 20ste eeu het boere se sterk politiese posisie hulle
in staat gestel om te verhoed dat plaaswerkers by arbeidswetgewing ingesluit word.
Druk deur industriele vakbonde en aanmoediging deur die Intemasionale Arbeidsorganisasie (IAO) het
gelei tot die Wet op Landbou-arbeid waardeur arbeidswetgewing op plaaswerkers van toepassing gemaak
is, maar wat plaaswerkers verbied het om te staak en wat voorsiening gemaak het vir langer werkure as
vir industriele werkers.
'n Nuwe politieke bedeling het gelei tot die insluiting van plaaswerkers in algemene arbeidswetgewing
sonder enige diskriminerende uitsonderings en grondhervormingswetgewing beskerm plaaswerkers nou
teen arbitrere uitsettings. 'n Handves van menseregte waarborg verder die regte van plaaswerkers wat
voorheen misken is. Oenskynlik is die probleme van plaaswerkers nou iets van die verlede.
Plaaswerkers word egter steeds in die uitoefening van hulle nuwe regte gestrem deur historiese faktore en
die eiesoortige omstandighede van die landbousektor. Regsvergelyking met Kalifomie en Ontario het
aangetoon <lat wetgewing alleen nie voldoende is om plaaswerkers te bemagtig nie.
Daar word aanbeveel dat die regering bestaande wetgewing wysig om voorsiening te maak vir die spesiale
behoeftes van plaaswerkers en dat relevante IA0 konvensies, veral Konvensie 141 van 197 5 geratifiseer
word om die ontwikkeling van vakbonde vir plaaswerkers te bevorder. Dit sal bydra tot die bemagtiging
van en tot sosiale geregtigheid vir plaaswerkers / Law / LL.D.
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The legal position of domestic workers in South AfricaDelport, Elizabeth 03 1900 (has links)
Until recently, the legal position of domestic workers in South Africa could be described
as a relic of the nineteenth century, when the contract of employment and the common
law defined the employer-employee relationship.
The legal rules which regulate the relationship between the domestic worker and her
employer are examined. International labour standards and the legal position of
domestic workers in other countries are considered. Cognisance is taken of the social
phenomenon which finds domestic workers at the convergence of three lines along
which inequality is generated, namely gender, race and class. Furthermore, the unique
economic forces at play in this sector are examined.
The law will be stretched to its limits when attempting to resolve what is, essentially,
a socio-economic problem. However, the working lives of a million people are at stake.
The legislature has a constitutional, political and moral responsibility to attend to reform
in this sector as a matter of urgency. / Private Law / LL.M.
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