Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / The coming into power of the democratic government played an important role in transforming South African labour law system. After the Labour Relations Act 66 of 1995 (LRA) was implemented on 11 November 1996, the old Labour Relations Act of 1956 was repealed. The law on retrenchment forms an integral part of law of dismissals. The South African labour market has in the past years been characterized by restructuring and consequently retrenchment of employees. In most cases, employer’s decisions to retrench were challenged by the employees and unions in courts. Section 189 of the LRA stipulates procedures to be followed by an employer when contemplating dismissal of one or more employees for reasons based on operational requirements. The employer does not only have to follow the procedures set out in section 189 to render dismissals for operational reasons fair, but there must also be a valid reason to dismiss. The courts have always not been willing to second-guess the employer’s decision to retrench provided that the decision is made in good faith.

This treatise sets out and evaluates recent developments in the area of large-scale retrenchments in South Africa. Dismissals are considered to be a source of great controversy, but more so large scale retrenchments. It was with this in mind that the various role players sought an amendment in 2002 so as to address the concerns by both employers and employees. The applicable legislation, namely section 189A of the Labour Relations Act 66 of 1995, was enacted to ensure the smooth operation of this genre of retrenchments. In this treatise, section 189A will be evaluated. Section 189A stipulates what procedure should be utilized, for dismissals necessitated by operational requirements. The inclusion of this provision was an attempt to address the concerns of both employers and employees. Chapter 1 provides us with an overview with regard to why change with regard to retrenchment legislation was necessary. In Chapter 2 the definition of operational requirements will be unpacked as well as what definition the courts have attached to the term "operational requirements‟, and more importantly the issue relating to substantive fairness. Chapter 3 examines when the applicable provision is triggered, whether or not an employer can stagger retrenchments, the facilitation process, and the regulations pertaining to facilitations. The facilitation process itself and the consultation aspect of the facilitation process are recounted. The meaning of „consultation‟ is evaluated, and it should be noted that section 189 and section 189A are interrelated when topics of consultation are considered. Chapter 4 addresses the instance when no facilitator is appointed and the mechanisms of section 189A(7) and (8); further discussions relating to subsection 13, and 19 will furthermore be evaluated with reference to case law. Chapter 5 sets out the various viewpoints on whether or not section 189A has been successful, and the chapter questions the effectiveness of the provision to provide a realistic view of large-scale retrenchments and whether the enactment thereof was an effective mechanism protecting the rights of employees faced with possible unemployment. The implementation of the training lay off system will be looked at and the statistics of the CCMA will be used as a measure to determine the effectiveness of section 189A. Chapter 6 concludes the thesis, by highlighting lessons learnt from case law for both employees and employers.

The primary aim of this survey is to: * explore whether there is potential for job-sharing in the South African labour market; * * describe the characteristics of potential job-sharers and to explain why Job-sharing would be an appropriate and feasible solution to unemployment, massive retrenchments, poor quality ofwork life (QWL) and low worker productivity Job-sharing has been used in many developed countries to address a variety of problems at the individual, organisational and national level. These include allowing workers to have a balance between their work and non-work life; to increase worker productivity and QWL and to increase employment opportunities. The literature survey affirms that these problems are prevalent in Africa as a whole and in South Africa specifically. The survey results reveal that the environment in South is Africa is conducive to jobsharing and that slightly over one third of the workers and organisations and two thirds of the jobseekers are willing to job-share. The results of this study also reveals that QWL, productivity and unemployment does influence the willingness to job-share and that approximately 80% of the employees would rather either job-share, work-share or opt for some other alternative than to have retrenchments. Thus by implication, job-sharing would address the problems relating to poor QWL, low worker productivity, fewer employment opportunities, as well as massive retrenchments in South Africa. The study has also explored possible reasons and obstacles to job-sharing and found that whether these are perceived as significantly important or not, depends on whether one is an employer, employee or job-seeker . The job-seekers feel more than others, that there is no reason insurmountable or obstacle preventing the introduction of job-sharing by which to avert their unemployed status. There are also differences in willingness to job-share among subgroups with regard to the industry, area of work, position held in the organisation and the availability of job-sharing positions in the organisation. This thesis reports that there is potential for job-sharing in the South African labour market, to address a variety of problems pertaining to workers, organisations, job-seekers and, therefore, the whole nation at large. / Business Management / D.B.L.

The primary aim of this survey is to: * explore whether there is potential for job-sharing in the South African labour market; * * describe the characteristics of potential job-sharers and to explain why Job-sharing would be an appropriate and feasible solution to unemployment, massive retrenchments, poor quality ofwork life (QWL) and low worker productivity Job-sharing has been used in many developed countries to address a variety of problems at the individual, organisational and national level. These include allowing workers to have a balance between their work and non-work life; to increase worker productivity and QWL and to increase employment opportunities. The literature survey affirms that these problems are prevalent in Africa as a whole and in South Africa specifically. The survey results reveal that the environment in South is Africa is conducive to jobsharing and that slightly over one third of the workers and organisations and two thirds of the jobseekers are willing to job-share. The results of this study also reveals that QWL, productivity and unemployment does influence the willingness to job-share and that approximately 80% of the employees would rather either job-share, work-share or opt for some other alternative than to have retrenchments. Thus by implication, job-sharing would address the problems relating to poor QWL, low worker productivity, fewer employment opportunities, as well as massive retrenchments in South Africa. The study has also explored possible reasons and obstacles to job-sharing and found that whether these are perceived as significantly important or not, depends on whether one is an employer, employee or job-seeker . The job-seekers feel more than others, that there is no reason insurmountable or obstacle preventing the introduction of job-sharing by which to avert their unemployed status. There are also differences in willingness to job-share among subgroups with regard to the industry, area of work, position held in the organisation and the availability of job-sharing positions in the organisation. This thesis reports that there is potential for job-sharing in the South African labour market, to address a variety of problems pertaining to workers, organisations, job-seekers and, therefore, the whole nation at large. / Business Management / D.B.L.

The research has been designed to study the effects of the rapid urbanization in and around the Roodepoort, targeting mainly the sprawling informal settlements across the area and the existing townships of Dobsonville, Doornkop (Snakepark) and Kagiso. The researcher, who is a practising pastor in the area, had been challenged by a number of issues related to the process of urbanization. The CODESA process that culminated with the elections of 1994 and the subsequent change of government had raised very high hopes among the majority of South Africans who lived in poverty and foreigners, in their own land, for decades. The turnover at the elections, inspired by leaders such as Bishop Desmond Tutu, was a clear indication that an ordinary South African was yearning for a better life. This was a new beginning as many people had been restricted by the apartheid laws to work and live where they wanted. The repeal of all the apartheid laws saw the beginning of influx from the rural homelands to the cities. The hope that job opportunities were available near the cities was the main force of attraction. This unplanned process resulted in creation of massive informal settlements as there were no houses to cater for the massive movement. This process is called rapid urbanization. Not very long, the reality of the past indicated that there were no major changes with the new government. The economy still remained in the hands of few individuals, majority of whom still being white, as the new government came through negotiations and not complete take over (Coup D’état.) Few blacks managed to shoot up the economy ladder through processes such as BEE and the GEAR leaving the majority of people in abject poverty. The great trek did not only happen within the borders of the country, millions of people from the African, Asian and East European countries also moved into South Africa to try their luck at the new South African economy. Highly qualified professionals left their struggling countries to seek better life in South Africa. This category came legally through the recruitment processes but the larger contingency came illegally into the country. They took the advantage of lack of internationally recognised immigration instruments to regulate movement in and out of the country. This process saw the country soaring with illegal economic migrants as well as genuine refugees and asylum seekers. The rapid urbanization process brought about the following challenges: <ul><li> Culture shock </li><li> Declining family structures/ life and Social problems </li><li> Drug trafficking </li><li> Education </li><li> Exploitation of foreigners </li><li> Exploitation of informal settlement dwellers and “Shack farming” </li><li> Human trafficking. </li><li> Inadequate housing and homelessness</li><li> Institutional harassment and unfair discrimination </li><li> Lack of Employment </li><li> Poverty in urban areas</li><li> Refugees and economic migrants </li><li> Social benefit exclusion </li><li> Stigmatization on HIV and AIDS, Crime, including serious crimes</li><li> Xenophobia </li> </ul> The challenges, as tabled above, brought about a series conflicts between the South African internal migrants and the foreigners which culminated into a bitter xenophobic outburst of 2008. The main reason for the conflict was that South Africans felt that jobs were being taken away by foreigners and also that the government was neglecting service provision to the local community in favour of foreigners. A number of service delivery protests have become a common sight, particularly in the informal settlements. Lack of basic facilities and the irregular allocations of the RDP Houses, crime and poverty have waned the patience of residences of informal settlements. The resent protests in Zandspruit, Rietfontein and Diepsloot informal settlements north west of Johannesburg are some of the concrete examples. The situation could not be ignored by the Church and this research was an attempt to understand the extent of the problem in order to find a way to improve ministry to the affected communities. / Thesis (PhD)--University of Pretoria, 2012. / Practical Theology / unrestricted