Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2017. / The purpose of this study was to analyse the labour relations of the workers in the agricultural sector, with reference to the De Doors area in the Western Cape. Despite the political, social and economic changes to better the lives of the farm workers that have been implemented to rectify the inequalities of the past, the labour conditions on farms stayed unchanged. It is evident that there is a gap in the labour relations in the agricultural sector, due to the 2012/13 strike actions that took place. Qualitative research methodology was employed in the study; it provided the researcher with the opportunity to personally interact with the farm workers. It further allowed the researcher to gain a holistic understanding of the daily lives of the farm workers which would foster a better understanding of their daily struggles. Interviews were used as method of data collection. This methodology also enables the researcher to interpret and describe the actions of participants. Good labour relations play a vital role in any industry or organisation. Farm workers are generally classified as vulnerable and the most exploited group of the South African society. They often work irregular hours throughout the year in various weather settings. Regardless of the physical strain that their jobs entail, farm workers earn a low wage and are often deprived of the basic benefits that an employee should be entitled to. This was the reason the farm workers embarked on a strike in 2012/13. The researcher proposed recommendations to the Agricultural department on how to improve the labour relations on the farms in the De Doorns area by suggesting that more labour inspectors are being employed to oversee that legislation are implemented. Skills Development needs to be become compulsory for all farm workers as farming is becoming more technological. Skills Development unlocks talents and creative energy for the farm workers which have a positive impact on production.

O presente artigo aborda as mobilizações de professoras, materializado nas greves do magistério público estadual do Rio Grande do Sul, no período compreendido entre 1979 a 1990. Para isso foi escolhida a Escola Estadual General Flores da Cunha, em Porto Alegre, entre outros motivos pela sua destacada liderança nas greves do período estudado, nas mobilizações da categoria, tendo como horizonte a efetiva participação das professoras no movimento grevista. A partir desse lugar, a pesquisa elege como principal corpus documental narrativas de memória de professoras da escola em questão que aderiram total ou parcialmente às greves dos anos 1979 e 1990. A metodologia da pesquisa é a História Oral, que foi desenvolvida a partir de entrevistas. Importa dizer que a investigação procura contextualizar as narrativas de memória em suas interfaces com o momento político vivido no país, especialmente, no Rio Grande do Sul. Nesta perspectiva, a abordagem da investigação não perde de vista as transformações ocorridas no magistério público diante de políticas públicas vigentes, destacando o papel do Centro dos Professores do Estado do Rio Grande do Sul - CPERS, que agregou o nome de sindicato a partir de 1989. No cruzamento de fontes, busca-se um maior entendimento acerca da temática da pesquisa ao ouvir as narrativas dessas mulheres-professoras, que atuando nas salas de aula, tiveram significativas e até decisiva participação nas greves do magistério A pesquisa se inscreve no campo da História da Educação e tem a História Cultural como vertente teórica. Pretende ouvir as experiências das professoras, a partir de suas memórias e vivências nos momentos de greve, seus silêncios, ou não ditos, procurando entrecruzar suas narrativas com os registros sindicais e notícias da imprensa local. A pesquisa busca conhecer as histórias dessas professoras que, não estando nas lideranças do movimento grevista, atuaram dentro das escolas, nas ruas e acampadas nas praças. Procura compreender seus sentimentos, seu olhar sobre o vivido e o sentido durante as greves. O estudo dialoga com a perspectiva de Michel Foucault sobre os homens infames, aqueles que durante séculos foram esquecidos por uma História que privilegiava as ações de uns, eleitos como merecedores de terem suas vidas narradas, destinando outros a um estado de marginalidade, de anonimato. Através das entrevistas, procuro trazer à tona este passado das greves em que foram sujeitos muitas mulheres-professoras. Esse ato de lembrar, afirma Lucilia de Almeida Neves, insere-se entre as possibilidades múltiplas de registro do passado, elaboração das representações e afirmação de identidades construídas na dinâmica da História. Não perdendo de vista a afirmação de Alistair Thomson, compomos nossas memórias para dar sentido à nossa vida passada e presente. Relembrar, revisitar as memórias atualizando o tempo passado, tornando-o vivo e cheio de significados no presente. / This is a study about the history of education in Rio Grande do Sul materialized in strikes of the state public teaching of Rio Grande do Sul, in the period 1979 to 1997. For this it was chosen the State School General Flores da Cunha, in Porto Alegre, among other reasons for his outstanding leadership in the strikes of the period studied, the mobilizations in the category, having as perspective the effective participation of teachers in the strike movement. From that place, research elected as main corpus documentary narratives school teachers memory in question adhering whole or in part to strikes the years 1979 and 1997. The research methodology is the oral history, which was developed from interviews. It said that the research aims to contextualize the memory narrative in its interface with the political moment lived in the country, especially in Rio Grande do Sul. In this perspective, the research approach to not lose sight of the transformations occurred in the public teaching before prevailing public policies, highlighting the role of the Centro dos Professores do Estado do Rio Grande do Sul - CPERS, which added the union name from 1989. At the intersection of sources, we seek a greater understanding of the theme of research on hearing the stories of these women-teachers, who working in the classrooms had significant and even decisive role in the teaching strikes The research is inserted in the field of History of Education and Cultural History as the theoretical branch. The experiences of teachers were heard, from their memories and experiences in times of strike, his silences, or not said, looking for to connect their stories with union records and news from local media. The research seeks to know the stories of teachers who for not being as the strike movement leaders they acted within schools, on the streets and camped in the squares. It try to understand her feelings, her gaze on the lived and felt during the strikes. The study relates to the prospect of Michel Foucault about the infamous men, those who for centuries have been forgotten by history that favored the actions of some, elected as worthy of having their lives narrated, leading others to a state of marginalization, anonymity. Through interviews, I try to bring to light this past strikes on the as subject were many women-teachers. This act of remembering, says Lucilia de Almeida Neves, is inserted between the multiple possibilities past record, working out of representations and affirmation of identities constructed in the dynamics of History. Not losing sight of Alistair Thomson statement, we compose our memories to make sense of our past life and present. Remember, revisit the memories, updating the past, making it alive and full of meaning in the present.

The recent amendments made to employment laws and in particular the rewriting of the South African Labour Relations Act has brought into focus the diverse and conflicting interests of employers and employees, which is a concern of labour law analysts. This appraisal of South African of strike law examines the statutory and judicially established labour law in regard to the phenomenon of collective industrial action by employees and the regulation of its occurrence. Historical developments in strike law are traced from the early 1900’s. A period of segregated trade unionism, led ultimately to the introduction of a more inclusive system of regulation, which has in turn been modified to bring the law into line with the new constitutional imperatives. Industrial action occurred, often unregulated and regardless of statutory limitations, and in particular that industrial action which related to mass protest action, now recognized as a specific form of strike. The now repealed Labour Relations Act 28 of 1956 is examined with regard to its strike regulating provisions, and identification of what were then new, unrecognized forms of strike action. It has allowed concepts and principles to be developed, under the unfair labour practice jurisdiction of the Industrial Court, much of which has been incorporated in the new Labour Relations Act. The legislation on strike law, which has been developed over the years, has been refined by the constitutional imperatives introduced to the national legal system. The relevant aspects of the new Constitution Act 108 of 1996 and its pervasive effect on strike law are examined. The right to strike in South African labour law, together with the protection of collective bargaining, is now constitutionally entrenched, and the right to strike is now accepted as a necessary adjunct to collective bargaining. It is necessary to give effect to the Constitution in national legislation, and the Labour Relations Act 66 of 1995 endeavours to accomplish this in chapter IV in regard to strike law, which, it could be argued, limits rather than gives expression to the right to strike. iii The Labour Relations Act of 1995 is then discussed with reference to protected and prohibited strikes, and unregulated strike action. It will be evident that the Act has endeavoured to contain unprocedural and productivity draining industrial action, by subjecting rights disputes to arbitration and Labour Court adjudication, subject to certain exceptions. The recourse to lock-out, as the employer’s prerogative and general corollary of strike action, is briefly discussed. The case law relating to strikes is discussed in respect of both the 1956 Act and the new Labour Relations Act of 1995. Among the issues explored are the strike provisions which have been developed in statute and labour related common law, such as the identification of issues in dispute, notice of strike, the issuing of ultimatums, the audi altarem partem rule and the court’s approach to protected and unprotected strikes. The intention is to determine trends resulting from amendments to the law and draw inferences regarding, in particular, the unregulated form of strikes that occur within the scope of the protections offered by the Act. It is the intention to determine whether the desired effect has been achieved by implementing legislative reforms in response to public policy considerations.

The lock-out is accepted as a necessary element of collective bargaining. The law relating to lock-out is considered as a legitimate instrument of industrial action. There are a number of procedural requirements for a legal lock-out. The dispute should be referred to a bargaining council (or where there is no bargaining council with jurisdiction, to a statutory council) or, failing which, the Commission for Conciliation, Mediation and Arbitration. If the bargaining/statutory council or the commission fails to resolve the dispute, it is no longer required that a ballet should be brought out in favour of the contemplated lock-out before the lock-out could be legal: all that is required is that the period of notice of the intended lock-out is given. The lock-out may either be protected or unprotected. It is protected if it is not prohibited absolutely and the various procedural requirements have been complied with. The protected lock-out is immuned from civil liability. On the other hand a lockout will be unprotected if it does not comply with sections 64 and 65 of the Labour Relations Act, 1995. In the circumstances the Labour Court has exclusive jurisdiction to grant an interdict or order to restrain any person from participating in unprotected industrial action and to order the payment of just and equitable compensation for any loss attributable to the lock-out. Lock-outs are prohibited in specific instances and allowed with some qualifications in others. For example, employers engaged in the provision of essential or maintenance services are prohibited from locking their employees out in order compel them to comply with their demand. Such essential services are Parliamentary services, the South African Police Service and a service the interruption of which endangers the life, personal safety or health of the whole. A distinction is also drawn between offensive and defensive lock-outs. Defensive lock-outs involve the closure of an employer’s premises or the shutting down of its operations during industrial action initiated by workers. The offensive lock-outs, also known as “pre-emptive lock-outs”, amount to an employer initiated form of industrial iv action where the premises are locked and workers are excluded and prevented from working. The law relating to lock-out in South Africa is clearly put in its proper perspective by the interim Constitution of the Republic of South Africa 200 of 1993, final Constitution of the Republic of South Africa 108 of 1996, Labour Relations Act 66 of 1995 and in Ex Parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa.1 However the situation is unsatisfactory to employers. The interim Constitution guaranteed the “right to strike” and “recourse to the lock-out”. Under the final Constitution lock-outs enjoy no direct protection. The Constitutional Court’s certification judgement rejects the view that it is necessary in order to maintain equality to entrench the right to lock-out once the right to strike has been included. The Constitutional Court concluded that the right to strike and the right to lock-out are not always and necessarily equivalent. However the purpose of the lock-out is to settle collective dispute of the ways permitted by the Labour Relations Act, 1995. The purpose is not to terminate the relationship between the employer and the employee. The employer may not, for example, dismiss employees finally at the end of an unsuccessful lock-out in order to avoid the consequences of impending strike action by the employees.

On 16 August 2012, the South African Police Service fired upon striking miners in Marikana, South Africa, resulting in the death of 34 mineworkers. The purpose of this study is to examine the effects of protracted violent industrial labour disputes on socio-economic development in South Africa. The study explores the root causes of labour disputes in Marikana and considers strategies that can be employed to avoid similar violent and destabilising strikes in the mining and other industries. This research confirms that presumably the pursuit of wage increase is still the primary cause of violent strikes in the country. Furthermore, the research shows clearly that working hours, work conditions, sympathy, and demands from employees and trade unions are major causes of labour disputes. The findings also show that amongst other things participation of employees in work related issues like policy formulation can reduce prevalence of labour disputes. The study also reveals that communication between workers and employees in work places can help both parties to discuss issues before extreme measures are taken.

The nationwide strike by 70 000 construction workers between 8 and 15 July 2009 was unprecedented and significant in several respects. This was the first national strike on 2010 World Cup sites by South African construction workers and was therefore an historic event. A second key feature of the strike was the unity displayed by workers and trade unions within a sector organised by several trade unions. Engineering and building workers came out on strike, with the Building Construction & Allied Workers Union (BCAWU) and the National Union of Mineworkers (NUM) standing together as their representative organisations. A third feature of the strike was the widespread sympathy for it by the South African public and media. This was despite it potentially setting back progress with World Cup projects. Fourthly, the pressure placed upon the trade unions' negotiating team by the Ministry of Labour and the FIFA Local Organising Committee (LOC) proved lethal in undermining their, assisting in causing them to dilute their trade union demands and demobilising the national strike.

M.Com. (Business Management) / A higher standard of living is one of the greatest needs of the South African population. Labour movements believe that a higher standard of living can actually be achieved by paying higher wages. Unfortunately higher wages are demanded and paid at the expense of productivity which is a vital ingredient for economic growth and ultimately economic survival. Employers within the South African economy can address the low productivity ratios through the implementation of performance related schemes. Gain sharing is one of many interventions management can implement to achieve greater performance through labour. By implementing a gain sharing scheme management is able to relate pay to performance and address efficiency ratios which ultimately affects the competitiveness of South African goods and services against world competitors.

Magister Legum - LLM / This paper investigated how the law of industrial action is shaped in South Africa and in Germany, which specific problems occur in South Africa and Germany, and how the different legal systems solve these problems. It also compared the different legal approaches of these two countries. / South Africa

Regular strike action has become a central characteristic of the South African industrial relations system. Whilst in the 1950s strikes were mostly isolated outbursts of relatively short duration, strikes in the 1980s were challenges of unprecedented duration and intensity. It is argued that despite this dramatic change, reflecting a series of discontinuities in both the political and economic arenas, strike action in South Africa does follow distinct patterns, and can be ascribed to a combination of identifiable causes. Principal causal factors include wage aspirations, past experiences and the subjective interpretation thereof, and the role of the union movement. Contingent factors include the prevailing political climate, industrial relations legislation, the amount of information opposing sides possess of their adversaries' intentions as well as spatial issues, such as the internal dynamics of individual communities. Partially as a result of South Africa's political transformation, the late 1980s and early 1990s saw further changes in the industrial relations environment. Reflecting these developments, it is argued that a new type of trade unionism has developed, "coterminous unionism" . This will have far-reaching implications for the nature of industrial conflict. However, it falls fully within the theoretical parameters outlined in this thesis. Despite significant developments in social theory in the 1980s and 1990s, there have been few attempts accordingly to update theories of strike action. One of the objectives of this thesis has been to attempt such an update. It is hoped that the constructs developed will shed light on a widely prevalent form of social conflict, assist in the analysis of future outbreaks, and enable the identification of those situations where a high propensity to engage in strike action may exist.

The majority of South African public schools are not performing well and this is particularly true of the schools in the Eastern Cape Province. Many factors including teacher union strikes contributed to this situation. Teachers’ unions went on strike without considering the rights of learners. The aim of this research was to determine the extent to which teachers’ unionized strikes influence the quality of teaching and learning at selected high schools of Port Elizabeth in the Eastern Cape Province and to determine ways in which the teacher unions can also protect the rights of learners to achieve quality education in these selected high schools. The research consists of a study of relevant literature, followed by a qualitative research design. The sample group consisted of Grade 12 teachers, deputy principals and site stewards from four high schools in the Port Elizabeth District. The researcher trusts that her understanding as presented in the research findings and recommendations will benefit not only herself but will empower all the teacher unions’ members and learners coping with the stress of teaching and learning at times of strikes.