The problem of inclusivity in the workplace has been globally acknowledged as a challenge for employees living with disabilities. The objective of this study was to explore the experiences of employees living with disabilities in the South African Police Service (SAPS). Globally, there has been a lot of research conducted on diversity in the workplace; however, research on inclusivity is a rather new phenomenon. A theoretical model on inclusion and diversity in work groups is presented as a framework, which offers insight into the experiences that contribute to feelings of inclusion for a diverse workforce. This model identifies potential contextual factors and outcomes of inclusion. This study further defines inclusion and disability and provides literature on the barriers employees living with disabilities encounter once employed, as well as support structures that could enhance inclusivity for these employees. The study used a qualitative, explorative approach. Fifteen employees of the SAPS were selected for participation, based on their disability type as per the research criteria. A purposive convenient sampling approach was used to identify employees with disabilities, taking into consideration hearing, visual, physical and mobility impairments. Participants varied in age, gender and race and came from stations mostly situated in the southern suburbs of Cape Town, with one participant from George and one participant from Paarl East. Semi-structured interviews were used to collect data and provide insight into how employees living with disabilities perceive inclusion in the SAPS. A thematic analysis approach was used to identify which negative and positive experiences of inclusion were identified. Irrespective of the provision of disability policies and legislation, which clearly stipulate that no person may be unfairly discriminated against on the grounds of their disability, the findings from this study indicate that employees living with disabilities still experience discriminatory attitudes in the workplace. While some participants had positive experiences of inclusion, other employees reported negative experiences relating mostly to a lack of management support, non-conducive workplaces, lack of disability awareness, as well as negative attitudes towards disability in the workplace. The results of this study indicate that the general feeling of inclusion in the SAPS is, to a certain degree, fair, and that management and co-worker support, together with reasonable accommodation, played an important role in contributing to making employees living with disabilities feel included. This study shows that more research is required in terms of disability awareness, and an understanding of the needs of employees living with disabilities in the workplace, to create an enabling environment of growth for employees living with disabilities. It is proposed that this study be used to provide employers and employees with a greater understanding of how to effectively include and retain employees living with disabilities.

Magister Psychologiae - MPsych / The inception of the democratic government in 1994 was accompanied by the promulgation of progressive legislature. Chapter Two of the Constitution makes provision for reasonable accommodation for those who are differently-abled due to psychiatric difficulties. Attention-Deficit/Hyperactivity Disorder (ADHD) is a neurodevelopmental disorder that impacts functioning adversely. The process to request, access and receive reasonable accommodation for students with ADHD remain inconsistent across various sectors of education. This study aimed to identify barriers and facilitators of reasonable accommodation for students with ADHD registered at the University of the Western Cape (UWC).

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.

A partire dall’analisi di diverse sentenze particolarmente significative per l’accertamento del dolo, la tesi prende in considerazione i diversi orientamenti filosofici sul metodo scientifico nella spiegazione e comprensione dell’azione intenzionale. Prendendo posizione per l’autonomia del metodo scientifico nelle scienze umane, la tesi cerca di delineare una metodologia per l’accertamento del dolo che sia, al tempo stesso, rispettosa del principio di determinatezza nel diritto penale e della necessaria individualizzazione nell’accertamento dell’elemento soggettivo. L’analisi è condotta studiando le principali posizioni della dottrina italiana e tedesca sul tema, nonché attraverso un’indagine comparatistica sugli states of mind costitutivi della mens rea nel diritto inglese. Su queste basi e prendendo spunto dai casi giurisprudenziali trattati, la tesi propone un metodo di accertamento che utilizzi come base di comprensione la situazione vissuta dal soggetto concreto e, attraverso di essa, interpreti la condotta secondo i significati sociali pertinenti. Il lavoro si concentra, inoltre, sul tema dell’oltre ogni ragionevole dubbio, cercando di precisarne il significato nell’ambito del dolo, e sulla configurazione dogmatica del dolo, illustrando i riflessi dell’accertamento sulla sistematica del reato. In conclusione, la tesi cerca di esplorare la possibilità di riformare il codice penale inserendo una regola che renda maggiormente stringente e controllabile l’accertamento del dolo. / Starting from the analysis of several sentences that are particularly significant in terms of the assessment of intention, the thesis considers the different philosophical attitudes on the scientific method for the explanation and comprehension of wilful action. With due regard to the difference in the scientific method in human sciences compared to natural sciences, the thesis tries to outline a method for the assessment of intention that is in compliance both with the principle of empirical verifiability in criminal law and with the required individualisation in the assessment of the subjective element. The research was carried out analysing the main positions of Italian and German law on the issue, and through a comparative investigation over the states of mind that represent the mens rea in English law. On these grounds, and drawing inspiration from the legal cases analysed, the thesis suggests an assessment method that uses the situation experienced by the concrete subject as grounds for comprehension, and through this situation, interprets the conduct in accordance with pertaining social meanings. The work also focuses on the issue of beyond any reasonable doubt, trying to specify the meaning within the scope of intention; and on the dogmatic structure of intention, explaining the effects of assessment on the theory of crime. In conclusion, the thesis attempts to explore the possibility of reforming the criminal code by introducing a rule making the assessment of intention more strict and easy to control.

Achieving the carbon emission reductions necessary to address climate change is proving challenging. Voluntary behaviour change by individuals has the potential to make a substantial contribution to decreasing carbon emissions, but generally that potential is not being realised. Group-based interventions, however, may offer an effective method for promoting significant and durable changes in pro-environmental behaviour leading to carbon reductions. This thesis evaluates Footpaths, a group-based programme designed and implemented by Transition Leicester and consisting of seven sessions. The study investigates the effectiveness of the programme, using a longitudinal mixed-methods approach to facilitate understanding of both measurable results and the processes leading to those results. The Reasonable Person Model (RPM) is used as a theoretical framework to aid understanding of the way in which group-based interventions may promote pro-environmental behaviour. Data were collected from participants just before and immediately after involvement with the Footpaths programme, as well as a year after the sessions commenced. Questionnaires were administered at all three times and semi-structured interviews were conducted after the last session. Participants also completed a carbon footprint calculator at all three times and provided data on measured energy use. Findings show that Footpaths participants reduced their carbon footprints by 15 percent over the course of the sessions, and continued to reduce their carbon footprints resulting in a 20 percent reduction over the course of a year. Pro-environmental behaviour increased, including increases in harder to change behaviours, and measured energy use decreased. Increases in pro-environmental behaviour and reductions in carbon footprint were associated with increased understanding, greater feelings of competence, and reduced confusion; all considered to be elements of a supportive informational environment. Participants highlighted the importance of having an opportunity to examine their own behaviour coupled with active engagement with information over a period of time. Neither feedback nor a desire for social contact were related to increases in pro-environmental behaviour. Pro-environmental behaviour was more closely associated with both worldview and attitude after participation in Footpaths possibly indicating a closer alignment between attitude and behaviour after participation. This research suggests that group-based interventions are effective in promoting significant and durable changes in pro-environmental behaviour and it provides interesting insight into the design of successful interventions to encourage such behaviour. Findings highlight the potential value of the RPM as an integrative framework for understanding the characteristics of interventions that successfully promote durable sustainable behaviours.

6 Title of the Thesis: Equal Treatment and Discrimination in Labor-Law Relationships Summary of the Thesis: The aim of this thesis is to ascertain the level of effectiveness of anti-discrimination law in labor-law relationships on the level of international, EU, and Czech national law. Next, if needed and based on the findings to propose effective and just changes of law or an adoption of extralegal measures. The structure of the thesis corresponds to its aims. In the first chapter, basic terms used in the anti-discrimination law area are defined. In the second chapter, I introduce the (for me) most compelling conception of moral justification of the prohibition of discrimination in any normative system. The thesis includes this chapter because an express elaboration of such a conception is a necessary starting point for the formulation of a just solution to discrimination. The third chapter describes, analyzes and partly also criticizes the valid law on the above mentioned three levels of law (international, EU, Czech). In the fourth chapter, I mention methods by the use of which one can estimate the extent of discrimination in certain area. I reach a conclusion that the extent of discrimination is significant, in particular with respect to the discrimination of older people (over 50 or 55 years old),...

This thesis deals with the analysis of two opposing present-day life styles. The first one is so called reasonable consumption or voluntary simplicity, which is nowadays often realized in an environmental life style with the focus on its actual forms in a common life. The second one is a consumer life style. The work focuses on characteristics of influences which form these two contrasting attitudes and tries to reveal the biggest number of reasons why the consumer life style in rich and quickly developing societies wins while the environmental life style spreads very slowly and the voluntary simplicity is a marginal phenomenon regardless the well known warnings of experts about the critical state of the planet caused by the consumer life style. The thesis also outlines several possible solutions and changes in the whole society required to suppress the consumer life style with their supposed impacts. KEY WORDS: reasonable consumption, environmental life style, consumer life style

Whenever states’ rights to regulate and investor’s interests conflict with each other it is an unsolved question in investment treaty arbitration how one should balance those two positions. In particular, it is indefinite where to draw the line at what point states can actually exercise their rights without unlawfully violating the investor’s interests. A solution for this issue might be the proportionality test or analysis. Over the years, several tribunals approached proportionality, but took very different paths to understand and apply this legal concept. Especially, if one considers proportionality from its root in European and German law, some applications in investment treaty arbitration create confusion. Originating from a fixed methodological approach in the background of justifications of state measures, tribunals use proportionality in the process of defining and determining in contrast to the justification, as one would expect. Thus, it remains questionable which of those approaches is correct or if there is rather one correct application of proportionality in the context of investment treaty arbitration. This work argues in favour of proportionality being a legal concept which originates from German and European jurisprudence and migrated to international law. In international law it was established as a legal principle and subsequently adopted, inter alia, in investment treaty arbitration. Nevertheless, tribunals should be more careful when using proportionality. Especially, when naming and transferring a particular legal construct, it should not be used out of context. This endangers an award’s persuasiveness and furthers the fragmentation in international investment law. Tribunals should only refer to the ‘principle of proportionality’ or a ‘proportionality test/analysis’ when they actually apply it. And this application requires the concept to be used in the background of justification and not determination. Furthermore, the three/four significant steps must be followed in order to obtain the aimed proportional result.

This thesis investigates the mechanisms that might be used to determine the rights and obligations of Turkey, Syria and Iraq to govern the Tigris and Euphrates River Basin (TERB) in accordance with the international water law. In particular, it advocates for the protection of Iraq?s equitable rights through the establishment of a legal and institutional framework for joint use of the TERB. As a contribution towards addressing the issues of transboundary water law at the TERB level, this thesis explores the possibilities for potential cooperation between the three riparian States of the TERB through forming a legally binding treaty under the auspices of contemporary international water law. From this perspective, the thesis hypothesises that international law provides a solid basis on which the State of Iraq can rely on for achieving its legal entitlements to the equitable and reasonable use of the TERB. In this context, the thesis first examines international law in order to establish how it applies to the TERB. Next, the thesis considers how the legal positions of the riparian States can be determined under international law. When the aforesaid requirements are met, the thesis makes recommendations on how international water law can strengthen the legal framework for equitable joint use of the TERB. The thesis offers the methodology and analytical framework that deals with different relevant issues covered within the scope of the thesis. Later on, water uses within the TERB are discussed, followed by a literature review of publications on contemporary Middle East transboundary water conflict and cooperation. Afterwords, the thesis examines the applicable international law and international water law to the riparian States of the TERB. Finally, it explores the legal regime of the inter-State relationships in order to foster improved transboundary water management of the TERB.