Proefschrift Universiteit Maastricht. / Met lit. opg. - Met samenvatting in het Nederlands.

The adolescent in a children’s home forms part of the growing number of South African children who through the course of their lives have been exposed to physical, emotional and sexual abuse, malnutrition and neglect. This type of abuse could be the result of lack of parenting skills in the case of parents and carers fuelled by poverty and poor education. Consequently, these adolescents would be described as “in need” and would be eligible for placement in alternative care. Children’s homes fall in the category of alternative care, made available for children “in need”. In terms of the law, a young person is enforced to leave the children’s home at the age of 18. This is accompanied by feelings of fear, uncertainty and denial. These feelings could influence the young person’s adaptation in the community negatively. The emphasis is therefore placed on the role and the responsibility of the social worker to prepare the individual for successful emancipation from the children’s home. Preparing the adolescent optimally for emancipation from the children’s home and in addition to deliver support throughout, may lead to successful adaptation into the community. This particular responsibility should be available to the child throughout his/her life in the children’s home, not just prior to the emancipation process. Social workers should be made aware of different factors that could influence the successful adaptation, for example, social workers might lack knowledge and the focus should be on bridging such shortcomings. This study focused on various contributing factors that influence the success of the adolescents’ adaptation in the community. The aim of the study was to investigate the general adaptation of the adolescent after emancipation from the children’s home. In order to reach the required goal, a number of objectives were formulated. These included the formulation of a theoretical framework of knowledge about the adolescent’s general life around the time of emancipation; the role and responsibilities of the social worker in providing support and optimal preparation of the individual; and the positive and negative factors that contribute to the individual’s success. An empirical study, during which semi-structured interviews were used as a data collecting method, was undertaken to assess the adaptation of the adolescents after emancipation from the children’s home. The following main themes were identified: the current life situation of the adolescent over the age of 18 who lives outside the borders of the children’s home; his/her self-esteem and how this perception of him/herself influences the adaptation process after emancipation; how the adolescents adapt and experience the social environment; their opinion about participation in anti-social behaviour; their feelings about the optimal preparation before and after the process of emancipation and their opinion on specific areas of change to contribute to the optimal preparation of emancipation out of the children’s home. Ten participants took part in individual, semi-structured interviews. Applied research was undertaken as the researcher aimed at establishing solutions for the identified problem area, namely that social workers need more information on the contributing factors that influence the general adaptation process after emancipation. A qualitative approach was used in order to gather qualitative empirical data. To achieve the goal in this study, a phenomenological strategy was applied, as the focus was on the experience, meaning and concept of the individual as regards his/her general adaptation process after emancipation from the children’s home. The research question formulated for this study was: What are the contributing factors that influence the general adaptation process of the adolescent after emancipation from the children’s home? The research findings indicate that the adolescent generally adapts well after emancipation from the children’s home. Most individuals experience their lives as children in a children’s home as positive. This positive feedback could be attributed to the way these individuals have been treated in the children’s home. Their adaptation process depends on the value they attach to their lives in the children’s home. The following aspects was indicated to have a positive influence on the adaptation of the adolescent after leaving the children’s home: - - preparation for life outside the children’s home by social workers - - acceptance by the peer group - - support from social workers during the adolescent’s time in the children’s home and after leaving the children’s home - - facilitation of the adolescent’ s effective handling of his trauma during his stay in the children’s home. - - Spontaneous socialization outside the children’s home - - Supportive contact with family members This study revealed the experience of the adolescents after emancipation from the children’s home, which holds further research possibilities. The necessary information was acquired and could be used in further studies of adolescents in a similar situation. / Dissertation (MSD (Play Therapy))--University of Pretoria, 2006. / Social Work and Criminology / unrestricted

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

In terms of section 186(1)(e) of the Labour Relations Act 66 of 1995 constructive dismissal occurs where an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable. Work stress is becoming more and more imminent in the workplace. Some employees feel that the amount of work stress also makes their continued employment intolerable, and then they claim constructive dismissal. This raises the question whether the courts should apply the same tests they apply in constructive dismissal cases as well as in cases where the employee resigns because of work stress. But, if the same tests that are used to determine if there has been a constructive dismissal are used in a case where an employee resigns because of work stress, a real danger exists because then it can lead to the misuse of a claim of constructive dismissal by employees who cannot handle a minimum amount of work stress. Over the years the courts have indicated that they apply an objective test in cases of constructive dismissal. This leads to the argument whether subjectivity should play a role, and whether one should look at the subjective perspective of both the employer and the employee. This research looks at numerous court decisions, from both the South African legal system as well as the United Kingdom legal system, in order to determine which tests the South African courts need to apply when they are confronted with a constructive dismissal claim where the employee resigned due to work stress. Constructive dismissal – resignation – work stress – stress due to an excessive workload – work stress and employee wellness – stress based claims. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011

In terms of section 186(1)(e) of the Labour Relations Act 66 of 1995 constructive dismissal occurs where an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable. Work stress is becoming more and more imminent in the workplace. Some employees feel that the amount of work stress also makes their continued employment intolerable, and then they claim constructive dismissal. This raises the question whether the courts should apply the same tests they apply in constructive dismissal cases as well as in cases where the employee resigns because of work stress. But, if the same tests that are used to determine if there has been a constructive dismissal are used in a case where an employee resigns because of work stress, a real danger exists because then it can lead to the misuse of a claim of constructive dismissal by employees who cannot handle a minimum amount of work stress. Over the years the courts have indicated that they apply an objective test in cases of constructive dismissal. This leads to the argument whether subjectivity should play a role, and whether one should look at the subjective perspective of both the employer and the employee. This research looks at numerous court decisions, from both the South African legal system as well as the United Kingdom legal system, in order to determine which tests the South African courts need to apply when they are confronted with a constructive dismissal claim where the employee resigned due to work stress. Constructive dismissal – resignation – work stress – stress due to an excessive workload – work stress and employee wellness – stress based claims. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011