In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

Prior to the Constitutional Court's decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and Arbitration applied the "reasonable employer"–test to determine whether a specific sanction, issued by an employer, was fair. The "reasonable employer"–test provided a lot of flexibility to employers to dismiss employees for misconduct, as employers' decisions to dismiss were "protected" from scrutiny by the CCMA. The Constitutional Court replaced the "reasonable employer"–test, which required a measure of deference to the decision of the employer, with that of the "reasonable decision maker"–test, which required an answer to the question whether the decision reached by the commissioner was one that a reasonable decision maker could not reach? This meant that in the event that the decision reached by the commissioner was one that a reasonable decision maker could not reach, that the decision of the commissioner will be overturned on review. The change in test from a "reasonable employer" to that of a "reasonable decision maker" had significant implications for employers who are instituting disciplinary action against their employees and subsequently imposing the sanction of dismissal, as commissioners are no longer allowed to "defer" to the decision imposed by employers. The Sidumo test also have implications for employers who are seeking to take decisions of the CCMA on review, as londo JP held in Fidelity Cash Management Service v CCMA 2008 29 ILJ 964 (LAC) that it will not be often that an arbitration award is found to be one that a reasonable decision maker could not have made. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011.

Prior to the Constitutional Court's decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and Arbitration applied the "reasonable employer"–test to determine whether a specific sanction, issued by an employer, was fair. The "reasonable employer"–test provided a lot of flexibility to employers to dismiss employees for misconduct, as employers' decisions to dismiss were "protected" from scrutiny by the CCMA. The Constitutional Court replaced the "reasonable employer"–test, which required a measure of deference to the decision of the employer, with that of the "reasonable decision maker"–test, which required an answer to the question whether the decision reached by the commissioner was one that a reasonable decision maker could not reach? This meant that in the event that the decision reached by the commissioner was one that a reasonable decision maker could not reach, that the decision of the commissioner will be overturned on review. The change in test from a "reasonable employer" to that of a "reasonable decision maker" had significant implications for employers who are instituting disciplinary action against their employees and subsequently imposing the sanction of dismissal, as commissioners are no longer allowed to "defer" to the decision imposed by employers. The Sidumo test also have implications for employers who are seeking to take decisions of the CCMA on review, as londo JP held in Fidelity Cash Management Service v CCMA 2008 29 ILJ 964 (LAC) that it will not be often that an arbitration award is found to be one that a reasonable decision maker could not have made. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011.

The objective of the study was to examine the relationships between the concepts of personal fairness and social fairness and hotel cancellation policies. These relationships will be explored using the framework of Prospect Theory in terms of consumer patronage (willingnessto-purchase and word-of-mouth). This study begins with a brief history of the development of the lodging industry in the United States from inns and taverns to the modern hotel industry that is a critical sector of the hospitality and tourism economy. Current statistics are provided regarding the U.S. and Central Florida hotel industry in order to provide both a national and local economic perspective. The study also provides relevant statistics regarding U.S. domestic traveller information. The included literature review consists of concepts of mental accounting theory, economic utility theory, prospect theory, personal fairness, social fairness, and consumer patronage. The study also discusses how the lodging industry is unique in its implementation of reservation cancellation policies when compared against other industries. Research regarding merchandise return policies is also discussed here. The study was designed to investigate three separate components of both personal and social fairness. The first component investigated the effects of hotel rate price increases and discounts on personal fairness when compared against an existing reference price. The second component studied the perceptions of social fairness on three established hotel cancellation policies. The third component introduces a treatment of distributive and procedural fairness violations as a moderator to observe the effects on consumer patronage for the same three hotel cancellation policies. iv The data were collected from 415 hotel guests staying in Central Florida hotels near the Orlando international airport using an experimental method which provided different written scenarios regarding hotel pricing and three different hotel cancellation policies. The data was then analyzed using Analysis of Variance (ANOVA), MANOVA and Tukey’s Post Hoc test to provide results that allowed the comparison of effects on each in terms of consumer patronage. The study results indicated that that price increases against established reference prices had a significant negative effect on consumer patronage whereas discounts of the same magnitude had a significant effect only in the middle range. Included smaller and large discounts did not have a significant effect on consumer patronage outside of the middle range. The study results also indicated that there was significant difference in consumer patronage between an Open cancellation policy and a 48 Hour Cancellation Policy. There is a significant difference in consumer patronage when a No Refund policy is compared against both the Open Cancellation Policy and the 48 Hour Cancellation Policy. The study results also show that a violation of either Distributive Fairness or Procedural Fairness has a significant negative effect on consumer patronage for both an Open Cancellation policy and 48 Hour Cancellation Policy. However, when Distributive Fairness or Procedural Fairness violations are introduced as a moderator, there is no significant effect on a No Refund Cancellation Policy. The study and its ensuing results are of importance to the academic community in that it provides additional scholarly support to both Prospect Theory and the theory of mental accounting and the roles that each plays in consumer behavior. From an industry practitioner perspective, the current results provide insight into hotel consumer’s attitudes regarding rate increases/ discounts and the implementation of the three different hotel cancelation policies. The v results can be utilized to provide justification and guidance in altering or establishing hotel cancellation policies that hotel consumers consider to be fair.

Today, the concept social license to operate (SLO) has been gaining traction among companies. If a company wants to establish a business in a new area or keep their current one, they must cooperate with the stakeholders to acquire and maintain a SLO or be forced to shut down. In the mining and extractive (M&E) sector the negative effects on the environment and local area are so apparent it has made the industry focus on SLO. Previous research draws different conclusions on what factors impact the SLO the most and this presents a research gap to analyze.  The purpose of this research is to investigate how companies within the M&E sector need to interact with local communities to build trust and acquire a SLO. This is done by an exploration of how individuals living in or near mining operations perceive mining operations by asking how they feel about the distributional fairness, the procedural fairness, the confidence in governance, the dialogue, the trust towards the mining industry, and the acceptance level towards mining. This research is of a quantitative explanatory character and primary data was gathered from an online questionnaire distributed among two Facebook groups that is connected to Kiruna and Gällivare. A total of 190 responded and their answers were analyzed with the help of statistical techniques.   The results indicate dialogue to be an efficient way to communicate for companies towards communities. Procedural fairness and confidence in governance lead to trust while distributional fairness did not and a company that is trusted will receive a SLO.

Yes / Recent decades have witnessed a growing number of states around the world relying on border control measures, such as immigration detention, to govern human mobility and control the movements of those classified as “unauthorised non-citizens.” In response to this, an increasing number of scholars from several disciplines, including psychologists, have begun to examine this phenomenon. In spite of the widespread concerns raised, few studies have been conducted inside immigration detention sites, primarily due to difficulties in gaining access. This body of research becomes even scanter when it comes to the experiences of detained women. This study is the first of its kind to have surveyed 93 women confined in an Italian immigration detention facility. A partial mediation model with latent variables was tested through partial least structural equation modelling (PLS-SEM). The findings revealed the negative impact that unfair immigration procedures have on detained women’s human dignity, which in turn negatively affects their self-rated physical and mental health. Overall, our study sheds light on the dehumanisation and damage to human dignity that immigration detention entails, as well as its negative impact on the health of those affected. This evidence reinforces the image of these institutions as sites of persistent injustice, while stressing the need to envision alternative justice-oriented forms to address human mobility. / FE’s doctoral research, on which this article relies, was supported by the Portuguese Foundation for Science and Technology (SFRH/BD/87854/2012), and her subsequent work was supported by the Portuguese Foundation for Science and Technology (grant number: CEECIND/00924/2018/CP1541/CT0004).

Text in Afrikaans / Werknemers is benewens sekere hoogs uitsonderlike gevalle altyd voor ontslag op substantiewe - en prosessuele billikheid geregtig, hetsy in 'n individuele ofkollektiewe verband. Prosessuele billikheid in besonder het 'n inherente waarde, o.a. omdat die uiteinde van 'n proses nie voorspel kan word nie. Die werkgewer word ook daardeur in staat gestel om die feite te bekom, en arbeidsvrede word daardeur gehandhaaf. Van verdere belang vir prosessuele billikheid is die nakoming van eie of ooreengekome prosedures, die beskikbaarstelling van genoegsame inligting, voorafkennisgewing en bona fide optrede deur die werkgewer. Die primere remedie in die geval van 'n onbillike ontslag is herindiensstelling, alhoewel herindiensstelling nie in die geval van 'n prosessuele onbillike ontslag beveel behoort te word nie. Die riglyne soos in die verlede deur die howe en arbiters ontwikkel is grootliks in die Konsepwet op Arbeids= verhoudinge, soos bevestig in die Wet op Arbeidsverhoudinge, 1995, gekodifiseer. / Prior to dismissal employees are always entitled to substantive - and procedural fairness, be it in an individual or a collective context, subject to highly exceptional circumstances. Procedural fairness in particular has an inherent value, inter alia because the outcome of a process cannot be predicted. The employer also thereby establishes the facts and by conducting a process, labour peace is promoted. Also of importance for procedural fairness is adherance to own or agreed procedures, providing the employee with sufficient information, prior notification and bona fide conduct by the employer. The primary remedy in the case of an unfair dismissal is reinstatement, though reinstatement should not follow in the case of a dismissal which is (only) procedurally unfair. The guidelines as developed by the courts and arbitrators have largely been codified in the Draft Labour Relations Bill, as subsequently confirmed in the Labour Relations Act, 1995. / Mercentile Law / LL. M.

Le développement du commerce électronique a révolutionné tous les aspects de l’activité marchande, et notamment les éléments du marketing-mix. En particulier, de nouvelles formes de prix ont émergé, et les académiciens aussi bien que les praticiens doivent désormais faire face à de nouveaux défis. Des prix ayant plusieurs composantes, communément appelés prix complexes, sont désormais légion. La plupart des travaux marketing qui se sont intéressés à cette forme de prix ont insisté sur les biais cognitifs affectant leur estimation, en appelant les vendeurs à en faire un moyen pour réduire le sacrifice monétaire perçu, ce qui permet de multiplier les ventes. Cependant, rares sont les chercheurs qui ont averti aux risques liés à de telles pratiques. S’inscrivant dans un objectif de pallier à cette limite, cette recherche a pour vocation de déterminer l’incidence de l’usage des prix complexes sur leur perception moyennant l’approche de trois aspects : (1) la détermination de certaines formes de présentation visuelle pouvant entacher le jugement de leur annonce (2) les répercussions de telles formes de présentation sur la justice perçue du prix, et en l’occurrence, sur des variables-clés de l’activité marchande telles que la valeur de l’offre et l’intention d’achat (3) et la prise en compte de différentes sources de variance à caractère situationnel. Les résultats d’une expérimentation conduite auprès de 504 répondants confirment l’intervention de la présentation visuelle d’un prix complexe dans la dégradation de sa justice perçue, en montrant le rôle déterminant du processus : La justice procédurale d’un prix complexe apparaît alors comme un pilier incontournable du jugement d’une offre. / One of e-commerce development implications is the metamorphosis of all marketing-mixaspects. Especially, new price forms have emerged, leading both academicians and managers to deal with new challenges. Prices with more than one component, known as complex prices, become the main form used within this channel. The dominant stream of marketing research interested within this area has focused on cognitive biases that affect complex price judgments. Most researchers have recommended managers to use this form of price in a manner that reduce perceived price, and therefore enhance sales. Regarding the lack of research considering negative effects of such tactics, the principal aim of this work is to put the spotlight on complex price incidence on its perception within three aspects: (1) the determination of visual presentation forms that may damage this perception (2) the effects of such presentation forms on complex price perceived fairness, and consequently, on determinant variables such as offer value and purchase intentions (3) and the control of moderating variables associated with situational differences. The results of an experiment conducted on 504 respondents show the presence of a degradation of complex price perceivedfairness caused by its visual presentation form, with a determinant contribution of the process: procedural fairness is henceforth an essential pillar of an offer judgment.

Text in Afrikaans / Werknemers is benewens sekere hoogs uitsonderlike gevalle altyd voor ontslag op substantiewe - en prosessuele billikheid geregtig, hetsy in 'n individuele ofkollektiewe verband. Prosessuele billikheid in besonder het 'n inherente waarde, o.a. omdat die uiteinde van 'n proses nie voorspel kan word nie. Die werkgewer word ook daardeur in staat gestel om die feite te bekom, en arbeidsvrede word daardeur gehandhaaf. Van verdere belang vir prosessuele billikheid is die nakoming van eie of ooreengekome prosedures, die beskikbaarstelling van genoegsame inligting, voorafkennisgewing en bona fide optrede deur die werkgewer. Die primere remedie in die geval van 'n onbillike ontslag is herindiensstelling, alhoewel herindiensstelling nie in die geval van 'n prosessuele onbillike ontslag beveel behoort te word nie. Die riglyne soos in die verlede deur die howe en arbiters ontwikkel is grootliks in die Konsepwet op Arbeids= verhoudinge, soos bevestig in die Wet op Arbeidsverhoudinge, 1995, gekodifiseer. / Prior to dismissal employees are always entitled to substantive - and procedural fairness, be it in an individual or a collective context, subject to highly exceptional circumstances. Procedural fairness in particular has an inherent value, inter alia because the outcome of a process cannot be predicted. The employer also thereby establishes the facts and by conducting a process, labour peace is promoted. Also of importance for procedural fairness is adherance to own or agreed procedures, providing the employee with sufficient information, prior notification and bona fide conduct by the employer. The primary remedy in the case of an unfair dismissal is reinstatement, though reinstatement should not follow in the case of a dismissal which is (only) procedurally unfair. The guidelines as developed by the courts and arbitrators have largely been codified in the Draft Labour Relations Bill, as subsequently confirmed in the Labour Relations Act, 1995. / Mercentile Law / LL. M.