This article deals with the South African law relating to promotions. As promotion disputes mostly arise as alleged unfair labour practices, a short discussion on how the concept of an unfair labour practice developed in South Africa is undertaken. In this regard the common law is studied in order to see whether it makes provision for protection of employees subjected to unfair labour practices relating to promotions. Through this study one soon realises that the common law is in fact inadequate to deal with unfair labour practices relating to promotions, and thus an enquiry into various legislative provisions are undertaken. The impact of the all-important Wiehahn Commission of Enquiry, established in 1979, is also briefly discussed. In this article an attempt is made to define the term ‘promotion’. In this regard reference is made to some cases adjudicated upon by the Commission for Conciliation Mediation and Arbitration (the “CCMA”). The cases referred to seem to favour the view that when one is defining the term ‘promotion’, regard must be had to the employment relationship between the employer and the employee, as well as the nature of the employee’s current work in relation to the work applied for, in order to establish whether in fact a promotion has taken place. It is necessary to consider what unfair conduct is defined as in the context of promotions. It seems that managerial prerogative is at the center of the enquiry into unfair conduct of the employer. Further to the analysis of unfair conduct, various principles that govern both procedural and substantive unfairness are considered. These principles are dealt with separately with reference to case law. Lastly the dispute resolution mechanisms are considered and a brief discussion on remedies is undertaken. The remedies are discussed with reference to case law, as well as the provisions of the Labour Relations Act 66 of 1995 as amended by the Labour Relations Amendment Act 12 of 2002. The broad headings of this article are accordingly unfair labour practices, definition of promotions, unfair conduct of the employer, onus of proof and remedies. It is concluded with the proposition that once an employer has set policies and procedures in place in dealing with promotions, then such an employer should stick to those policies and procedures within the context of the law, as well as within the percepts of the vague and nebulous term of ‘fairness’. Should the employer fail to do so, the majority of cases indicate that such an employer will be guilty of an unfair labour practice relating to promotion.

This treatise considers the promotion process in the workplace and focuses on the meaning of promotion and the provisions of the Labour Relations Act, 66 of 19951 (Hereinafter referred to as the LRA) relating to promotion. It also considers unfair labour practices from an employee’s perspective. Chapter 2 of this treatise discusses the processes employers should follow when dealing with promotions. Neither the LRA nor the Constitution provides employees with a right to be promoted. However, the Constitution2 provides that all workers have the right to fair labour practices. The concept of unfair labour practices was introduced in South Africa in 1979 following the recommendations of the Wiehahn Commission. For a long time in South Africa the concept of unfair labour practice was defined in broad terms and included unprotected strikes and lockouts. It was left to the Industrial Court to determine conduct which constituted an unfair labour practice. The promulgation of LRA (which took effect in 1996) provided a clear definition of what constitute unfair labour practice in the workplace. The LRA provided a closed list of practices which constitute an unfair labour practice which provided as follows: “(a) unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee; (b) unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee; (c) a failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and (d) an occupational detriment, other than dismissal, in contravention of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), on account of the employee having made a protected disclosure defined in that Act.”The LRA brought about significant changes including the exemption of trade unions from committing unfair labour practice to the employers as it was the position under the old Act. There are conflicting views amongst employers and employees as well as labour law experts regarding the determination of the remedies available to applicants when unfairness has been proven in promotion disputes. It is has been observed that many awards has been successfully reviewed by employers, particularly awards that involves protective promotion. Chapter one will be an introduction regarding unfair labour practice, the originality of the concept and the changes and developments the concept has gone through. Chapter two will investigate the meaning of promotion in the workplace. This chapter will focus on the definition of promotion. Elements that constitute promotion will also be addressed. Chapter three considers the provisions of the LRA relating to unfair labour practice: promotion. However, the focus will be narrowed down from the definition of unfair labour practice to the issue of promotion as it is central to the study. Chapter four will examine the manner in which the applicants are differentiated. Furthermore, this chapter will also address the issue of whether the internal applicant should be given preference on the basis that he or she has been working in the organisation but not in the advertised post. Chapter five discusses the importance of substantive and procedural fairness in promotion processes. Chapter six examine the appropriate remedies for aggrieved applicants during the promotion process. A disappointed candidate has a statutory right to approach the relevant bargaining council to seek recourse with regard to the matter. The dispute must be referred to the CCMA within 90 days by the aggrieved applicant.

The objective of this study was to identify the strategies (personal and organisational) that would enable South African women to break through the glass ceiling. A questionaire was designed based on the strategies found in a literature study on the topic and used to gather inputs from executive women in South Africa. A combination of snowball and self-selection sampling was used. The questionaire was sent to 138 potential respondents, mostly by means of electronic mail. Of the 47 completed questionairs returned, 44 could be used. These were processed and anaylsed using Microsoft Excel spreadsheets and the STATISTICA Version 6 software. In generaL, support was found for personal strategies pertaining to career management, networking (especially the relationship building activities), the reconciliation of home and work responsibilities with the emphasis on building a support system, education, business and organisational insught, skills development and increased input, but not for the assimilation of masculine attributes. Networking opportunities and education, training and development activities were regarded as the organisational strategies with the strongest impact on career progress. The literature was confirmed regarding top management support, an organisational culture conducive to women's advancement, mentorship programmes and a few career development initiatives. Although more than half of the respondents had been exposed to employment equity and affirmative action programmes, they were perceived to have only little to moderate impact on career progress. This was also the case with diversity management programmes. Flexible work arrangements, career adaptation schemes and childcare facilities and programmes were seen as having had little impact on the respondents' career advancement. Only a few of the organisational practices to support women balancing family and work responsibilities were utilised by the respondents' employers. Respondents perceived personal strategies as having greater value than organisational strategies in their progress to executive levels.

Dissertation submitted in partial compliance with the requirements for the Master's Degree in Technology: Education (Management), Technikon Natal, 2000. / This research focused on an investigation into the problems female heads of department experienced with reference to the primary schools in the Isipingo area. For a successful and a balanced education on a global basis, women must be seen to be equally capable of becoming leaders of educational institutions. The purpose of this research was to ascertain how educators react to the leadership of female heads of department in primary schools. More specifically, the objective of this research was to investigate the problems that heads of department experience, mainly because they were women. A literature survey of the functions of the head of department enabled the researcher to focus on the areas that the head of department had to give her attention to in order to develop an effective team. Focus was on organizational, administrative and professional matters determining the level of similarities between the English, American and South African education systems. Research was conducted by means of a questionnaire applied to a representative sample of educators from all levels of the hierarchy of educators. The qualitative method provided a systematic investigation of the topic. The research sought to understand behaviour from the 'action' point of view where the objective was to discover the specific experiences of the respondents. / M

Due to the continual constant battle women have to face in order to progress in the workplace, it has become necessary to assess the degree of transformational change within the workplace within South Africa to try to establish just what these barriers are and how it can be overcome. To examine the main problem, three sub-problems were identified. The first sub-problem that had been identified dealt with what the women’s rights in the new South Africa. It was investigated by evaluating the situation in the New South Africa and what has changed from the past. Is there more gender equality or not. The second sub-problem looked at the barriers that women face in the workplace. It is evident that sexual harassment, male chauvinism, trying to balance work and family as well as organisational structure and culture were among the top barriers that are a hindrance to women’s advancement in the workplace. Finally, the third sub-problem investigated what the glass ceiling effect is and the effect that this has on women in the workplace. The investigation evaluated, and emphasised the difficulties that women face in order to progress in the hierarchy of not only management but other occupations as well. Results have shown that most females and males believe that the glass ceiling is prevalent in the workplace. Most people believe that women can however break through the glass ceiling but now there is a new phenomenon, “The Glass Cliff” which allows women to break through the glass ceiling but only of organisations that are already in trouble.

Thesis (MBA (Business Management))--University of Stellenbosch, 2008. / ENGLISH ABSTRACT: The study identifies the problem of job mobility among black managers in corporate South Africa, which is due to various factors explored in this research. The central theme of this research is to highlight the major challenges faced by black managers in the corporate sector to upward mobility. An extensive review of the literature, including legislation, textbooks, journal articles, internet and existing case studies has been conducted. A questionnaire survey of black managers who were members of the Black Management Forum was conducted with a view to gaining insight regarding key issues faced by black managers in corporate South Africa. Black managers surveyed came from different sectors of the economy, operating at different levels of management, from junior to top management. The results from the survey were analysed, and showed that black managers do not get proper organizational support, training and development to enable them to perform their duties and reach their maximum potential. Other issues from the survey findings include racial discrimination, lack of mentorship and support from top management, marginalization, tokenism, lack of career planning. These all present major challenges facing black managers seeking upward mobility in the workplace. Several recommendations are made on how to reduce the negative impact for both organisations and black managers caused by job-hopping resulting from these obstacles faced by black managers in the workplace. These include creating a working environment that is inclusive, where every employee feels recognised and valued for his or her efforts. Furthermore, it is recommended that organizations promote an environment that embraces diversity of cultures, where all employees are treated equally and fairly with due regard to their constitutional rights to equality and dignity. The author also suggests that organizational core values must reject unfair discrimination and promote tolerance of the different cultures and behaviours that exist within the organisation. It is further suggested that for these recommendations to work in practice, transformation must be a primary objective of the organisation. This must be accompanied by a change of mindsets and attitudes, and supported by management. AFRIKAANSE OPSOMMING: Die huidige studie identifiseer die probleem van werk mobiliteit van swart bestuurders in korporatiewe Suid-Afrika. Verskeie faktore wat lei tot die probleem word in die studie ondersoek. Die sentrale tema van die studie is om die hoof uitdagings wat mobilitiet van swart bestuurders in die korporatiewe sektor in die gesig staar te ondersoek. ‘n Omvattende literatuurstudie is onderneem en wetgewing, handboeke, joernaal artikels, die internet en bestaande gevallestudies is geraadpleeg. ‘n Vraelys is gebruik as metode vir die studie. Swart bestuurders wat lede is van die Swart Bestuursforum is gebruik vir die studie, met die doel om hulle insig oor belangrike sake wat swart bestuurders in korporatiewe Suid Afrika in die gesig staar. The swart bestuurders wat gebruik is vir die studie kom van verskeie sektore in die ekonomie. Hulle werk op verskillende vlakke wat strek van junior tot topbestuur. Die resultate van die studie is geanaliseer en het gewys dat swart bestuurders nie ordentlike organistoriese ondersteuning, opleiding en ontwikkeling ontvang om hulle pligte te verrig en hulle volle potensiaal te bereik nie. Ander kwessies geidentifiseer gedurende die studie is rasse diskriminasie, gebrek aan mentorskap en ondersteuning van topbestuur, marginalisme, oëverblindery en gebrek aan loopbaanbeplanning. Verskeie aanbevelings word gemaak oor hoe om die negatiewe impak van die rondbeweeg van swart bestuurders binne organisasies te verminder. Die aanbevelings sluit in die bewerkstelling van ‘n werksomgewing wat inklusief is, en waar elke werknemer voel dat hulle word erken en gewaardeer vir sy ywer. Dit word verder aanbeveel dat organisasies ‘n omgewing wat diversiteit van kulture insluit en bevorder, en waar werknemers regverdig en gelyk gehanteer word, met behoorlike oorweging aan hulle konstitusionele regte tot gelykheid en waardigheid. Die navorser beveel ook aan dat organisasies se kernwaardes moet onder geen omstandighede onbillike diskriminasie duld nie en moet die verdraagsaamheid van verskillende kulture en gedrag wat in die organisasie bestaan bevorder. Dit word verder aangeraai dat vir die aanbevelings om in die praktyk te werk moet transformasie ’n primere objektief wees wat gepaard moet gaan met ‘n verandering in gemoed en houding en ‘n algehele ondersteuning deur bestuur. / AFRIKAANSE OPSOMMING: Die huidige studie identifiseer die probleem van werk mobiliteit van swart bestuurders in korporatiewe Suid-Afrika. Verskeie faktore wat lei tot die probleem word in die studie ondersoek. Die sentrale tema van die studie is om die hoof uitdagings wat mobilitiet van swart bestuurders in die korporatiewe sektor in die gesig staar te ondersoek. ‘n Omvattende literatuurstudie is onderneem en wetgewing, handboeke, joernaal artikels, die internet en bestaande gevallestudies is geraadpleeg. ‘n Vraelys is gebruik as metode vir die studie. Swart bestuurders wat lede is van die Swart Bestuursforum is gebruik vir die studie, met die doel om hulle insig oor belangrike sake wat swart bestuurders in korporatiewe Suid Afrika in die gesig staar. The swart bestuurders wat gebruik is vir die studie kom van verskeie sektore in die ekonomie. Hulle werk op verskillende vlakke wat strek van junior tot topbestuur. Die resultate van die studie is geanaliseer en het gewys dat swart bestuurders nie ordentlike organistoriese ondersteuning, opleiding en ontwikkeling ontvang om hulle pligte te verrig en hulle volle potensiaal te bereik nie. Ander kwessies geidentifiseer gedurende die studie is rasse diskriminasie, gebrek aan mentorskap en ondersteuning van topbestuur, marginalisme, oëverblindery en gebrek aan loopbaanbeplanning. Verskeie aanbevelings word gemaak oor hoe om die negatiewe impak van die rondbeweeg van swart bestuurders binne organisasies te verminder. Die aanbevelings sluit in die bewerkstelling van ‘n werksomgewing wat inklusief is, en waar elke werknemer voel dat hulle word erken en gewaardeer vir sy ywer. Dit word verder aanbeveel dat organisasies ‘n omgewing wat diversiteit van kulture insluit en bevorder, en waar werknemers regverdig en gelyk gehanteer word, met behoorlike oorweging aan hulle konstitusionele regte tot gelykheid en waardigheid. Die navorser beveel ook aan dat organisasies se kernwaardes moet onder geen omstandighede onbillike diskriminasie duld nie en moet die verdraagsaamheid van verskillende kulture en gedrag wat in die organisasie bestaan bevorder. Dit word verder aangeraai dat vir die aanbevelings om in die praktyk te werk moet transformasie ’n primere objektief wees wat gepaard moet gaan met ‘n verandering in gemoed en houding en ‘n algehele ondersteuning deur bestuur.

The primary aim of this study was to explore the relevance that serving and former SAPS members who hold an academic doctorate degree attach to such a degree in the SAPS occupational environment. From a qualitative standpoint, data was collected through phenomenological in-depth individual interviews with serving and former SAPS members who hold an academic doctorate degree. In addition, a comprehensive review of the relevant national and international literature was conducted to obtain a better understanding of this phenomenon. A thematic data analysis process was followed to analyse the collected data. Various objectives were fulfilled in the completion of this study:  The relevance of an academic doctorate degree, as experienced by serving and former SAPS members, in their occupational environment was explored, identified and described.  The value that SAPS doctorate graduates add to the SAPS was explored, identified and described.  Recommendations were made regarding the optimal, efficient and effective utilisation of doctorate SAPS graduates in the occupational environment of the SAPS. The findings of this study indicate that holding a doctorate degree in the SAPS generally adds value to the various aspects of policing. However, it was found that not all doctorate graduates in the SAPS are appropriately placed and placement is not necessarily influenced by graduates’ academic qualifications. Based on the findings of this study, a framework for the appropriate placement of doctorate graduates in the SAPS was developed. This framework could serve as a management tool to sensitise SAPS management to the relevance of an academic doctorate degree. In addition, this framework could act as a management tool guiding the SAPS management regarding the correct placement of academic doctorate graduates in the organisation. This study contributes significantly to the understanding of the relevance of a doctorate degree in the SAPS, thereby contributing to new knowledge related to this phenomenon. / Police Practice / Ph. D. (Police Science)