Students diagnosed with long-term mental health conditions have been the focus of policy development for over a decade. Student mental health is on the increase and universities are legally obliged to make reasonable adjustments for disabled students. Therefore it is crucial that nursing and midwifery education provides an inclusive learning environment, while maintaining fitness to practice standards. The focus of this study was to explore how discourses of mental health, reasonable adjustments and fitness standards influence nursing and midwifery education for students with a mental health condition. Principles of Wodak’s (2001) critical discourse analysis approach, which gives prominence to dominant discourses, their justifications and persuasive nature was utilised. Ten key written texts and 23 semi-structured interviews with students, lecturers and clinical mentors were conducted to acquire the constructions of mental health, reasonable adjustments and fitness requirements. The findings show that the dominant discourses attributed to students experiencing mental ill health were around medicine, difference and blame, all of which reinforced mental health stigma. In addition, mental health discourses within both verbal and written texts were not underpinned by disability discourses, allowing the exclusion of students who disclose mental ill health from accessing reasonable adjustments. In conclusion, students considered to have a mental health label faced discriminatory barriers and legislative and regulatory requirements of equality were not implemented.

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[pt] A presente dissertação propõe-se ao estudo da necessidade de aplicação do conceito de adaptação razoável, limitada a um ônus indevido, pela Administração Pública às pessoas com deficiência, como mecanismo de concretização do reconhecimento social. Para tanto, apresenta-se a teoria do reconhecimento intersubjetivo, na visão proposta por Axel Honneth, segundo o qual são identificadas três esferas de reconhecimento que, quando completas, propiciam autorrealização social dos indivíduos. Assim, os conflitos sociais refletiriam relações de reconhecimento incompletas, sendo que a luta por inclusão social corresponderia, na realidade, a uma luta por reconhecimento. Dentro dessa perspectiva, identificou-se ainda que as pessoas com deficiência permanecem em constante luta por sua inclusão social, sendo que a reserva legal de vagas em concursos públicos, prevista no art. 37, VIII da Constituição Federal, contribui como importante mecanismo inclusivo e fomentador de um reconhecimento social por garantir o acesso ao trabalho. Não obstante, a reserva por si só seria inócua, caso não se buscasse efetivação desse acesso ao trabalho, por meio da adaptação razoável da Administração Pública, conceito inovador, introduzido com a Convenção sobre os Direitos das Pessoas com Deficiência da Organização das Nações Unidas, da qual o Brasil é signatário e que se encontra inserida no bloco de constitucionalidade nacional. Por intermédio da adaptação razoável, limitada pelo ônus indevido, promovem-se ajustes ou medidas indispensáveis ao efetivo exercício de direitos humanos. As transformações operadas contribuem para a inclusão social das pessoas com deficiência bem como ampliam o horizonte normativo de uma comunidade. / [en] The present dissertation aims to study the necessity to apply the concept of reasonable accommodation, limited to an undue burden by public administration for disabled people as a mechanism to achieve social recognition. For such, the theory of intersubjective recognition is presented through the perspective of Axel Honneth. According to that, there are 3 spheres of recognition which, when complete, provide the individual s social self-realization. Thus, the social conflicts would reflect incomplete recognition relationships and the social inclusion struggle would then correspond in fact to a struggle for recognition. From this point of view it was possible to identify that people with disabilities are constantly struggling for their social inclusion. And the legal reservation of job posts in public competitions, predicted in the article 37, VIII of the Federal constitution, represents an important inclusive mechanism as well as promotes social recognition since it guarantees access to work. Nevertheless, the reservation itself would be innocuous if there wasn t a search for the implementation of this access to work through reasonable accommodation. This is an innovative concept, introduced by the Convention on the rights of people with disabilities of the United Nations Organization of which Brazil is signatory and which is inserted in the block of national constitutionality. Through reasonable accommodation and limited by the undue burden, measures are taken or adjustments are made, which are indispensable to the effective exercise of human rights. Such transformations contribute to the social inclusion of disabled people as well as broaden the normative horizons of a community.

This dissertation presents three article manuscripts investigating contemporary human resource management issues in the United States (US) federal government. Drawing on the behavioral public administration approach, the three articles hypothesize and test theoretical models using data from the US Office of Personnel Management's employee surveys. Chapter 1 introduces the motivation of this dissertation, theoretical backgrounds, and a summary of the three research studies conducted. Chapter 2 presents the first article manuscript, looking at the generational difference issue and its implications for theories and practices. Drawing on generational theories, this study empirically compares affective commitment of federal Millennials and Generation Xers. This study uses time-lag data from the 2011 Federal Employee Viewpoint Survey (FEVS) and the 2004 Federal Human Capital Survey (FHCS). The results show no statistically significant differences between the two generations in terms of their affective commitment levels and how several work experiences influence the two generations' attitude. As such, this study provides evidence to reduce generational stereotypes in the public sector. Chapter 3 draws on conservation of resources theory to address perceptions of workload in the public workplace. Using structural equation modeling method with data from the 2019 FEVS, this study finds that supervisor support can sequentially help enhance coworker support, perceived reasonable workload, and job satisfaction, while tangible job resources moderate the above relationship. This study deepens scholarly understandings and points to appropriate practical strategies to enhance employees' perceptions of reasonable workload and job satisfaction in public workplaces. Chapter 4 looks at the issue of trust in different levels of management and its effects on employees, building on the trickle effects models and job demands-resources model. Analysis of 2019 FEVS data finds that employee trust in senior leaders and direct supervisors are positively related to as well as interact with each other to influence public employees. This research also finds trust in senior leaders and direct supervisors indirectly affects extra-role behavior through psychological well-being, and that workload moderates these effects. Chapter 5 concludes this dissertation with summaries of research findings, theoretical and practical implications, research limitations, and future research directions. The quantitative empirical methods used in this dissertation contribute to a community of inquiry using diverse data and methods. / Doctor of Philosophy / This dissertation investigates issues related to managing people in the US federal government. Chapter 1 introduces the motivation of the study, lays out the theoretical background, and presents a brief summary of the three research studies conducted. Chapter 2 examines whether federal employees belonging to the Millennial generation (those born between 1982 and 1999) differ from those of the Generation X (those born between 1965 and 1981) in their affective commitment and how job experiences influence the attitude of these generations. The findings show no substantial differences between the two generations, providing evidence to reduce generational stereotypes in the public sector. Chapter 3 investigates the ways to help employees feel their workload as more reasonable and enhance their job satisfaction. It found that supervisor support can sequentially help enhance coworker support, perceived reasonable workload, and job satisfaction, while tangible job resources moderate the above relationship. As such, this study suggests appropriate management strategies to enhance employees' perceptions of reasonable workload and job satisfaction in public workplaces. Chapter 4 looks at the issue of trust in different levels of management and its effects on employees. It found that employee trust in senior leaders and direct supervisors can influence as well as enhance the effect of each other on employees. Also, trust in senior leaders and direct supervisors indirectly affects extra-role behavior through psychological well-being. Meanwhile, reasonable workload enhances the effect of trust in senior leaders on employees but decreases the effect of trust in supervisors on employees. Chapter 5 concludes this dissertation with summaries of research findings, the contributions of this dissertation, research limitations, and future research directions.

This PhD dissertation is about legal fictions in private law. A legal fiction, broadly, is a false assumption knowingly relied upon by the courts. The main aim of the dissertation is to formulate a test for which fictions should be accepted and which rejected. Subsidiary aims include a better understanding of the fiction as a device and of certain individual fictions, past and present. This research is undertaken, primarily, to establish a rigorous system for the treatment of fictions in English law - which is lacking. Secondarily, it is intended to settle some intractable disputes, which have plagued the scholarship. These theoretical debates have hindered progress on the practical matters which affect litigants in the real world. The dissertation is divided into four chapters. The first chapter is a historical study of common-law fictions. The conclusions drawn thereform are the foundation of the acceptance test for fictions. The second chapter deals with the theoretical problems surrounding the fiction. Chiefly, it seeks precisely to define 'legal fiction', a recurrent problem in the literature. A solution, in the form of a two-pronged definition, is proposed, adding an important element to the acceptance test. The third chapter analyses modern-day fictions and recommends retention or abolition for each fiction. In the fourth chapter, the findings hitherto are synthesised into a general acceptance test for fictions. This test, which is the thesis of this work, is presented as a flowchart. It is the author's hope that this project will raise awareness as to the merits and demerits of legal fictions, de-mystify the debate and bring about reform.

Reasonableness as a concept used in determining delictual liability or liability in tort law, is either embraced or perceived by some as frustrating. It is a normative concept which is inextricably linked with the concepts of fairness, justice, equity, public policy and the values of the community. These concepts assist in providing value judgements in determining liability. It is apparent from this study that the influence of reasonableness is predominantly implicit on the French law of delict, but more explicit on the South African law of delict and Anglo-American tort law. Its influence varies with respect to each element of tort or delictual liability. In order to hold a person liable for a delict or tort, it is only reasonable that all the elements of a delict or tort are present. Common to all the jurisdictions studied in this thesis is the idea of striking a balance between the defendant’s interests promoted, the plaintiff’s interests adversely affected and the interests of society. Where liability is based on fault, the reasonableness of conduct is called into question. In respect of causation whichever test or theory is used, what must ultimately be determined is whether according to the facts of the case, it is reasonable to impute liability on the defendant for the factually caused consequences. Whether loss or harm is required, assumed or not required, the question of the appropriate remedy or compensation which is reasonable under the circumstances is called into question. In South African and Anglo-American law, the multiple uses of the standards of the reasonable person, reasonable foreseeability of harm, reasonable preventability of harm, whether it is reasonable to impose an element of liability, or whether it is reasonable to impute liability, often cause confusion and uncertainty. At times, the role of these criteria with regard to a specific element may be valid and amplified while, at other times, their role is diminished and controversial. However, there is nothing wrong with the concept of reasonableness itself; indeed, it is a necessary and useful concept in law. Rather, it is the way that it is interpreted and applied in determining liability that is problematic. / Private Law / LL. D.

The Employment Equity Act, No 55 of 1998 forms part of the transformation legislation aimed at promoting equity and eliminating discriminatory and unfair treatment in the workplace. This Act was promulgated more than ten years ago, and its positive impact has to be measured in terms of its contribution to the conduciveness of the work environment. The aim of this study is to enhance measures for effective implementation of an Employment Equity Programme (EEP) in the Public Service, with specific reference to the Department of Justice and Constitutional Development. The ultimate aim is to identify Employment Equity (EE) measures that will benefit management and employees in enhancing individual performance and productivity. The study focuses on perceptions of employees on how they perceive EEP. As the study progressed it became equally important to determine the alignment and contribution of EEP on Departmental strategic objectives. The results and recommendations will be shared with the Department of Justice and Constitutional Development with a view to ensuring that its EEP is aligned to its strategic objectives, and adds value to service delivery. / Public Administration & Management / M.P.A.

Text in Afrikaans / Die sogenaamde vermoede van onskuld is via die Engelse Reg in ons reg oorgeneem en tot konstitusionele status verhoog met die daarstelling van artikel 25(3)(c) van die Grondwet, No. 200 van 1993. Hierdie reg om onskuldig geag te word en die gepaardgaande swygreg, wat hier kortliks aangeraak word, kan egter aan beperking onderhewig wees soos bepaal deur artikel 33 van die Grondwet. Die beginsels soos ontwikkel in Kanada en Amerika word ondersoek. Die slotsom waartoe geraak word is dat, alhoewel historiese en ander verskille deurgaans voor oe gehou sal moet word, die regspraak in genoemde jurisdiksies, en meer spesifiek Kanada, 'n groat rol sal speel by die inhoud wat die SuidA: frik:aanse howe, in die konteks van statutere vermoedens, aan die konstitusionele reg om onskuldig geag te word, sal gee. / The so-called presumption of innocence has been inherited from the English common law and awarded constitutional status by the introduction of section 25(3)(c) ofthe Constitution, Act 200 ofl993. This right to be presumed innocent and the accompanying right to remain silent, which is briefly touched upon, are however not absolute and can be subject to limitation as provided for by section 33 ofthe Constitution. The principles, as they have been developed in Canada and America, are investigated. The conclusion which is drawn is that, despite historical and other differences, it can be expected that foreign jurisprudence, particularly that of Canada, will play a major role in the content that will be given by the South African courts to the right to be presumed innocent in the context of statutory presumptions. / Criminal & Procedural Law / LL. M.

Law / LL.D. / The contract of insurance is one of the more frequently concluded commercial contracts. The premium which is undertaken in terms of an insurance contract is one of the essential features of the insurance contract. Notwithstanding the obvious importance of the role of the premium and the legal aspects surrounding it, it has in the past often received but scant treatment in insurance-law materials. In this thesis it is shown that there exist a number of aspects regarding the premium which are unclear and in need of careful scrutiny. In the case of certain other aspects (regarding the premium), although there is certainty as to their contents it is necessary to identify and (re-)define their place in the broader scheme of the insurance law. The study commences with an investigation into the historical development of the concepts of "insurance" and "premium". This is followed by a study of the relevant principles of Roman-Dutch law. A comparative study is made of the law in a number of countries, namely, the Netherlands, Belgium, England and Australia. The position in South African law is also considered. An introductory study is made regarding those concepts in South African indigenous law which are insurance-like. Finally, a number of conclusions are drawn and recommendations are made in respect of a selection of aspects regarding the premium which are unclear. These aspects concern the nature of the premium; the question whether "premiumless" or "free" insurance is legally possible; the question whether the parties may agree to insure at a "reasonable premium"; the protection of the insured in the case of the non­ payment of the premium; the receipt of the premium by the broker; the return of the premium where the insured has acted fraudulently; the legal tenability of the practice of insuring the premium; the possibility that the contribution in terms of some concepts of our indigenous law may resemble the premium; and finally, the analogous method as a source of law to extend and broaden the pool of legal principles applicable to the insurance contract.

South Africa is faced with a huge challenge of disability discrimination and inequality. Disabled people are not enjoying equal treatment as compared to others. Those who are on the working sector are not reasonable accommodated. The study examines challenges faced by people with disabilities. The study further submit that people with disabilities should be reasonably accommodated and be retained in the working sector as they have a positive role to play in the economy. The study also looks at the various legislations and argues that they are ineffective as they fail to address the imbalances of the past. The study further suggest that there is a need for all people to understand disabled people and not to isolate them as such stigma cause people with disabilities to be unfairly discriminated against in society and in employment / College of Law / L.L.M (Commercial Law)