Please read abstract in the dissertation Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

Thesis (LLM)--University of Limpopo, 2010 / The study evaluates the common law position regarding the principle of legitimate expectation at the workplace. Under the common law, the employer had the power to hire and to fire as he or she pleased. The employer could either fire for a good reason or for a bad one or for no reason at all, provided the dismissal was on notice. In other words the employer was not required to show good cause for terminating the contract or to inform them employee of such reasons as they may be or to follow any special procedures before termination. It was not possible for the employee to raise question of legitimate expectation by then. The study exposed the complexity of this principle in our current labour laws. The two schools of thoughts regarding the principle have been analysed herein and a proper recommendation was made.

No abstract available Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The main focus of this dissertation is to examine the operation of whistleblowing within an organisation. Whistleblowing constitutes an act by an employee to expose perceived unlawful activity by an employer or employee, within an organisation or company, to an authority in the position to redeem the situation. It is based on the presumption that any kind of business or organisation has to be governed by laws in order to protect society from fraudulent and corrupt practices. In South Africa, the Protected Disclosures Act of 2000 (PDA) sets out a clear and simple framework to promote responsible whistleblowing by reassuring workers that to remain quiet about perceived malpractice is not the only safe option and is aimed at safeguarding the employee who raises concerns. Thus, from a legal perspective, an employee making a disclosure under certain circumstances and prerequisites enjoys full protection of the law. Whistleblowing is thus not just about anonymously informing, but rather about raising a concern. However, whistleblowers, even if they act in good faith often risk recrimination, victimisation and sometimes dismissal. Therefore, in order to determine whether the PDA is applicable, certain criteria have to be met, pertaining to the definition of disclosures and of occupational detriment. A number of consequences may follow from the contravention of the PDA. The Act provides mechanisms for the employee to disclose sensitive information regarding alleged improper conduct by the employer. In order to enjoy the protection of the act the employee must have trusted the disclosed information to be true. However, not all disclosures constitute protected disclosures, and for the purposes of the PDA certain requirements have to be met. When it comes to automatically unfair dismissals, the most difficult issue remains that of causation. It is a courageous effort to blow the whistle on perceived corrupt or illegal practices by an employer of any kind, and such an action is often met with harsh retaliation. Therefore employees often remain reluctant to speak out about practices that might threaten the higher echelons of their organisational hierarchy. On a personal level, blowing the whistle may have severe consequences for the individual; dismissal being but one of them. Internationally there is growing recognition that the act of whistleblowing is healthy and necessary for organisations in order to control corruption and illegal practices. The international community has also implemented a variety of whistleblowing laws and procedures for protecting and encouraging those who speak out. / Dissertation (LLM)--University of Pretoria, 2011. / Mercantile Law / unrestricted

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2008

Thesis (LLM.) -- University of Limpopo, 2010 / Refer to document

A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) dispute resolutions. This thesis incorporates a comparative study of the British and German labour law systems with reference to the relevant appeal and/or review procedures (as applied in their tribunals/courts), together with a discussion and application of certain other provisions relevant to South Africa labour law. / Jurisprudence / LL.M

A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) dispute resolutions. This thesis incorporates a comparative study of the British and German labour law systems with reference to the relevant appeal and/or review procedures (as applied in their tribunals/courts), together with a discussion and application of certain other provisions relevant to South Africa labour law. / Jurisprudence / LL.M