En s’inspirant de l’exemple des défis corporatifs, c’est-à-dire, des initiatives déployées par les sociétés pour rendre le marché de l’emploi plus accessible aux membres de groupes perçus comme marginalisés, ce mémoire cherche à analyser le conflit qui pourrait surgir au Québec entre le droit à la vie privé, protégé notamment par la Loi sur la protection des renseignements personnels dans le secteur privé et la Loi sur la protection des renseignements personnels et des documents électroniques et le besoin croissant de l’entreprise d’utiliser les données privées de leurs employés pour vendre leurs biens et services. Dans un premier temps, ce mémoire effectue un survol des régimes de protection de la vie privée des pays qui ont le plus influencé le droit québécois et canadien soit l’Europe, les États-Unis et le Royaume Uni en soulignant leur influence sur le régime en vigueur au Québec. Dans un second temps, il soulève les entraves que posent la LPRPS et la LPRPDE à la participation de l’entreprise aux défis corporatifs. Dans un troisième temps, il explore des pistes possibles à la fois interprétatives, législatives et contentieuses afin de rendre ces lois plus accommodantes aux besoins de l’entreprise. / This essay uses the example of Industry Challenges - a technique deployed by companies to promote the hiring and advancement of certain members of society - to explore a conflict that could arise in Quebec between the individual’s right to privacy as protected by An Act Respecting the Protection of Personal Information In the Private Sector and the Personal Information Protection and Electronic Documents Act , and that of an organisation to use personal information relating to its workforce to market itself. It briefly reviews privacy protection in jurisdictions with the greatest legal influence on Quebec and Canada: the European Union, the United States and the United Kingdom (Chapter 2). It demonstrates how a blend of these influences is reflected in the Quebec and Canadian approaches to privacy and how existing privacy legislation might prevent a company from effectively and efficiently responding to Industry Challenges (Chapter 3). Finally, the last two chapters respectively explore the interpretive and legislative amendments that could be made to PPIPS and PIPEDA to enable companies to respond to Industry Challenges (Chapter 4) as well as the possible legal action a company could take on the ground that Quebec’s privacy legislation violates its right to express itself commercially under s. 2(b) of the Canadian Charter of Rights and Freedoms (Chapter 5).

This dissertation describes the manner by which a multinational corporation (MNC) enacts a market-based logic with a locally embedded partner in a complex and unfamiliar operating setting to fulfil both business and social objectives. It examines a hybrid partnership between BP, an MNC, and SSP, a rural Indian non-governmental organisation (NGO). Together, the organisations trained rural women, who were affiliated with SSP, as agents to distribute and sell BP’s ‘smokeless’ cookstoves and fuel pellets to households who cook on smoky firewood stoves. The research draws on two theories—neo-institutional organizational theory and real markets theory—to examine the process by which logics are aligned across partners and projected and translated into the rural Indian exchange setting. It constructs a four-actor model (MNC, NGO, agent, customer) to explore the exchange relationships between the actors at the meso- and micro-levels. At the meso-level, it explains how the MNC and NGO’s non-aligned logics, asymmetric power dynamics, and lack of mutual trust contribute to the venture’s failure. In addition, the NGO was so determined to succeed as a professional, market-driven, channel partner that it shed part of its identity as a civil advocacy organisation and adopted mainstream commercial practices that were not sensitive to the needs of its local stakeholders. At the micro-level, the partners did not come to a common understanding with the agents regarding the cultural challenges they faced marketing the stove. Moreover, the marketing strategy glossed over the multi-layered social relationships and culinary, behavioural, and religious practices that needed to be translated for the technology to meet the needs of consumers. Using gritty ethnographic data, the dissertation highlights a challenge that large, foreign companies face when entering ‘Base of the Pyramid’ markets, namely the inconsistency between the MNC’s market logic and the wider associational logics that motivate village agents and customers.

La nouveauté du droit de l’aménagement résulte du renouveau de son objet et de ses enjeux. L’élargissement des finalités d’urbanisme et les restrictions budgétaires des collectivités locales ont rendu nécessaire l’établissement d’un partenariat avec le secteur privé en matière d’aménagement. La logique induite de la réalisation d’une action ou opération d’aménagement s’est dès lors diffusée au sein de l’urbanisme réglementaire et relègue au second plan son origine policière. La mise de la règle au service du projet d’aménagement et la négociation du financement privé des équipements publics par la conclusion d’un projet urbain partenarial rendent floue la frontière des catégories de l’acte unilatéral et du contrat. Une gouvernance horizontale des rapports entre l’administration compétente et les pétitionnaires tend ainsi à se substituer à une logique de commandement. Toutefois, le régime juridique des concessions d’aménagement est actuellement déterminé, sous l’influence du droit communautaire, par ses procédures de dévolution liées à l’existence d’un risque économique à la charge du concessionnaire. Or, cet état du droit est inadapté à la pratique de l’aménagement d’initiative publique. Le risque est inhérent à l’activité économique d’aménagement et ne peut donc constituer un critère d’identification des « concessions publiques » et des « marchés publics » d’aménagement. La complexité et la flexibilité de l’objet d’aménagement nécessitent une appréhension globale que n’autorise pas l’encadrement jurisprudentiel des modifications des contrats de la commande publique. Cependant, l’assimilation de l’objet de la concession à un service d’intérêt économique général permettrait d’élaborer un régime juridique adéquat. Son enjeu économique et sa procédure de dévolution dépendraient étroitement des obligations de service public mises à la charge de l’aménageur. La dimension économique du traité permettrait d’élaborer un régime juridique d’exécution contractuelle fondé sur les risques d’aménagement. / Because of the renewal of its object and purposes, public planning law has been under some changes. Both the enlargement of town-planning public order’s purposes and the constrictions of local municipalities budgets have rendered compelling the development of partnerships with the private sector. The very logic of planning’s action or operation subsequently infused town-planning law and contributed to the relegation of its regulatory origin. The boundary between unilateral act and contract is getting blurred both by a public norm serving planning project and the negotiation of private funding for public amenities by the conclusion of an urban partnership project. The hierarchical logic pertaining to the relationship between the administrative body and its petitioners progressively shifted as horizontal governance. However, the legal regime of public planning concessions – under the influence of E.U. law – is currently organized by awarding proceedings triggered by the existence of an economical risk. Yet this regime does not suit publicly initiated planning activities. The risk is inherent in every economical planning activity, and, as a consequence, cannot thus discriminate between “planning public concessions” and “planning public contracts”. Both complexity and flexibility of planning projects advocate for a compulsory global understanding that is not permitted by a jurisprudential regulation of the changes in the public procurement agreement. Nevertheless, the legal assimilation of the object of a concession to a service of general economic interest would permit the elaboration of a more suitable legal regime. Its economical purpose and awarding proceeding would strictly rely on the developer’s public service requirements. The economical dimension of the treaty would permit the elaboration of a legal regime of contractual performance based on the risks of planning.

Questionnaires translated into Shona / Mineral extraction is one of the key drivers of Africa’s economies and is also one of the largest industries in the world. In many African countries, including Zimbabwe, mining contributes to profound parts of the economy and remain the engine for economic growth. In recent years, and following the continual exploitation of minerals, mining companies have been scrutinized as a major cause of social, environmental, and economic problems faced mainly by communities at the margins. In this regard, mining companies are widely perceived to be prospering at the expense of adjacent communities, who are the primary recipients of the externalities, mainly negative, from mining operations. Due to incongruent stakeholder interests conflicts have erupted given the peculiar case of the extractive industries in Zimbabwe. Having realised the differences among stakeholder interests over minerals, in the extractive industry the study sought to answer this question: how is CCE understood by different stakeholders? And how is CCE measured by the same stakeholders?. The focus of the study is to evaluate the meaning of CCE from multiple stakeholders in the extractive industry in Zimbabwe; and to analyse how CCE is measured by identified stakeholders. In order to satisfy the stated objectives, the study employed mixed research method. This study revealed similarity in understanding of CCE and its usefulness amongst the different stakeholder groups. Of cognitive importance is the realisation by stakeholders on the need for proactive communities and corporate investment into community for effective partnerships. Collaboration, empowerment, inclusion, trust and organisation emerged to be the major facilitators for CCE. The study presents operative CCE according to the obligations and expectations of stakeholders. Having realised that mining industries are particularly susceptible to conflict between stakeholders, the study suggests proactive desire to mitigate these conflicts through CCE in the mining industry. In this respect, community development, peace and stability and strong economy are the major outcomes of effective CCE. The study recommends participation of resource owners in planning, implementing, monitoring and evaluation as well as dividends sharing of mining projects as advocated for by the CCE Model. It is also recommended that the adoption of the CCE Model will ensure a sustainable and harmonious coexistence between the predominantly capitalistic mining concerns and the resource owners and solve part of the current impasse to business and community development. / Business Management / D.B.L.

Freie Univ., Diss.--Berlin, 2006.

Dissertação (mestrado) - Fundação Getúlio Vargas, Escola Brasileira de Administração pública e de Empresas, Rio de Janeiro, 2015. / Bibliografia: p. 106-116. / As concessões e as Parcerias Público-Privadas (PPP) são mecanismos cada vez mais utilizados pelo setor público para alavancar os investimentos em infraestrutura no país. Para que haja viabilidade econômica das mesmas, as suas taxas internas de retorno (TIR) apresentam- se como variáveis que precisam refletir os riscos e a realidade do negócio. O presente estudo busca analisar as taxas de retorno utilizadas para a modelagem das tarifas - teto do setor de rodovias federais frente às especificidades do seu mercado. Para tal, são seguidas três frentes: a primeira é analisar a metodologia da taxa de retorno utilizada para a modelagem das concessões mais recentes de rodovias; a segunda é estimar uma taxa de retorno a partir de pesquisa bibliográfica; e a terceira é, por meio de dados de rentabilidade de balanços de concessionárias do setor, observar se as taxas de retorno das primeiras concessões foram devidamente calculadas na época. Na dissertação, concluímos que a atual metodologia da taxa de retorno do Tesouro Nacional pode ser aprimorada, principalmente em relação aos parâmetros de grau de alavancagem e capital de terceiros, e observamos que a taxa de retorno tem se aproximado do custo de oportunidade do setor ao longo das últimas etapas de concessão. O estudo visa contribuir para o debate sobre a rentabilidade dos projetos de infraestrutura rodoviária, em meio a um período de intensos investimentos no setor. / Concessions and Public-Private Partner ships (PPP) are mechanisms increasingly used by the public sector to enhance the investments in infrastructure in Brazil. To achieve economic viability in these projects, their internal rates of return (IRR) are variables which must reflect the risks and reality of the business. The present study seeks to analyse the IRRs used for modeling the price-caps of the federal highways' sector, under the specificities of such market. For this purpose, three approaches are pursued: the first one analyses the methodology of IRR calculation applied for modelling the most recent highway concessions; the second estimates an IRR based on bibliographic research; and the third makes use of data acquired from the balance sheets from the sector's concessionaries, to observe if the IRR for the first concessions of federal highways were propelly calculated at the time. In this dissertation, we concluded that the current National Treasury's methodology of the rate of return can be improved, especially in relation to parameters like leverage and debt, and we observed that the rate of return has come closer to the opportunity cost for the sector throughout the last concession rounds. This study aims to contribute to the debate on the profitability of road infrastructure projects, a midst a period of intense investments in the sector.

This thesis is called "Management of enterprise services" and it analyzes the management of Capital Company producing services in the public interest. We assess development costs, revenues, assets and sources of financing of the company. The theoretical part of the thesis consists of a general description of the classification of the capital company in the national economy and justification of its existence, meaning and relationship to its founder. In the practical part of the thesis we provide concrete data about the company, characterize its activities and present a horizontal and vertical analysis of its statements. Based on the results of the practical part we define positive and negative factors affecting the financial results of the company. With negative factors solutions are suggested to improve the results of the company.

The thesis examined the comprehensive causal relationship between the banking sector, stock market development and economic growth in a multi-variate framework using Zimbabwean time series data from 1988 to 2015. Three banking sector development proxies (total financial sector credit, banking credit to private sector and broad money M3) and three stock market development proxies (stock market capitalization, value traded and turnover ratio) were employed to estimate both long and short run relationships between banking sector, stock market and economic growth in Zimbabwe. The study employs the vector error correction model (VECM) as the main estimation technique and the autoregressive distributed lag (ARDL) approach as a robustness testing technique. Results showed that in Zimbabwe a significant causal relationship from banking sector and stock market development to economic growth exists in the long run without any feedback effects. In the short run, however, a negative yet statistically significant causal relationship runs from economic growth to banking sector and stock market development in Zimbabwe. The study further concludes that there is a unidirectional causal relationship running from stock market development to banking sector development in Zimbabwe in both short and long run periods. Nonetheless this relationship between banking sector and stock markets has been found to be more significant in the short run than in the long run. The thesis adopts the complementary view and recommends for the spontaneity implementation of monetary policies as the economy grows. Monetary authorities should thus formulate policies to promote both banks and stock markets with corresponding growth in Zimbabwe’s economy. / Business Management / M. Com. (Business Management)

This research report captures a detailed exposition of an investigation on Knowledge Management (KM) practices in public and private sector entities in three industries (health, education and business loans) of Limpopo province – a proxy of the rural areas of South Africa. The investigation was necessitated by a need to understand KM in organisational context experiencing constraints in terms of resources that enable KM. It was found through an intensive literature review that there were very few empirical studies on KM practices of organisations operating in the rural areas, particularly in Africa. The theoretical framework of the study emanates from the knowledge-based view which has been popularised by the seminal work of Peter Drucker and Nonaka in the early half of the 90s. The knowledge-based view as presented in chapter 2 recognises the strategic role of knowledge in organisations. Its genesis is traced from the theories of classical scholars such as Socrates, Plato and Aristotle. Various empirical studies of entities which have adopted the knowledge-based view are presented in chapter 2 of this report. The researcher observes from an intensive KM literature study that the average modern organisation could be categorised as knowledge-intensive considering that knowledge workers constitute the majority of its workforce. The definitions of a knowledge-based organisation and knowledge workers are presented in the operational definitions of key concepts. Arising from the identified gaps in KM literature as presented towards the end of chapter 2, this study was conducted as a comparative study between public and private sector entities in three research industries focusing on their extent of ICT application and degree of knowledge-oriented social factors for information and knowledge sharing. The investigation was guided by three research objectives as discussed in chapter 1 of this research report. The main purpose of the study was to answer two fundamental research questions as reflected in chapter 1. In answering the two research questions, the researcher identified four research hypotheses in line with the findings established from KM literature. These hypotheses are discussed in chapter 2 of this report.The underlying hypothesised statement guiding the study was to determine whether there were any significant differences in KM implementation between public and private sector entities in the three research industries in terms of four research constructs. These are: application of ICTs for knowledge and information sharing, degree of achievement of knowledge-based outcomes, tacit knowledge acquisition and the degree of knowledge-oriented social factors. Organisational culture, organisational structures, human resource practices and leadership comprised the social factors tested in the study. The research data were collected through a mixed research design approach combining the advantages of a survey instrument and interviews (this is fully reflected in chapter 3 of this research report). The research results (as presented in chapter 4) pointed to some form of significant differences in KM implementation between public and private sector entities in the education and business loans industry, but there were no significant differences in KM implementation between public and private sector entities in the health industry. Arising from the findings of the study, a model for improved KM implementation is presented in chapter 4 (figure 4.16). It was found during the investigation that all the research entities approached KM implicitly through KM related practices. KM related practices were found to be far more entrenched in the health industry (both public and private sector entities), the private sector entities in the education and business loans industries than was the case with the public sector entities in the education and business loans industries. In the entities where KM related practices were found to be entrenched, there were concerted efforts towards improved organisational processes. The study has managed to unravel the importance of KM related practices in laying the foundation for a formalised KM approach. / Graduate School of Business Leadership / D.B.L.

The study was undertaken to investigate the effectiveness of the interventions made by the Mogale City Plato mentorship programme to promote growth and sustainability of SMMEs. Though there have been interventions through the Plato mentorship programme to help develop SMMEs, there is still a high failure rate of small businesses in MCLM. The study will therefore evaluate if the Plato mentorship programme achieved its envisaged aim. A structured research instrument (questionnaire) was used to collect data through a self-administered survey. Questionnaires were distributed to the respondents by the researcher, and 100% of the questionnaires were returned for analysis. The results of the study showed that Mogale Plato mentorship programme adds value and advances small businesses and entrepreneurship. The study concluded that owners that took part in the MCLM Plato mentorship programme acknowledged that the programme was effective and increased business performance. The study showed that owners are faced with different challenges in running their businesses, which spoke volumes regarding the effectiveness of the mentorship programme. The findings also revealed that a majority of business owners benefited from the assistance received from MCLM Plato mentorship programme. The study recommends that MCLM sets up an office for mentoring individuals/groups in the municipality. This means that within MCLM, there should be a mentoring office and training twice a month that is aimed at helping business people know how to improve their businesses and manage challenges and take advantage of opportunities around them. The study also recommends that the municipality to create an incubating site for new owners/managers. The new owners/managers could share common services such as secretarial services, bookkeeping, and boardrooms / Business Management / M. Tech. (Business Administration)