Unfair labour practice formed part of South Africa's history throughout the years. There was not enough legislation to protect all races against unfair labour practice. The dramatic political, governmental and social changes over the last decade ensured that South Africa put new legislation in place to ensure fair labour practice for all races in South Africa. This legislation is also implemented in the South Africa education system to ensure fairness. The Employment of Educators Act and the South African Schools Act devised legislation to protects the rights of both the learner and the educator in the education system of South-Africa. The aim of this research was to determine whether there is sufficient legislation to protect the rights of the educator, in which manner unfair labour practice exists against educators, to what extent unfair labour practice influences motivation and productivity of educators and what the perceptions of educators are regarding unfair practice by the department. This has been done according to a literature study, as well as an analysis of legislation relevant to the educator, and any other legislation pertaining to the regulation of labour practice in South Africa. The essence of fair labour practice is discussed and validated by certain court cases which exposed unfair labour practice in South Africa. These court cases are analysed and discussed to explain the relevant aspects of the essence. Interviews were conducted with educators, and questionnaires were distributed to selected schools, then analysed to obtain their views on availability of relevant legislation, knowledge and perceptions on legislation, viewpoint on injustice, viewpoint of educator's motivation and productivity and possible solutions to limit injustice. It was then possible to compile certain recommendations and conclusions out of the information derived from the questionnaires and interviews. The general impression of the results was that there is a negative attitude from educators towards the department. Educators feel that the Department of Education does not protect them adequately. These educators belief that they are treated unfairly by the department. The majority of educators feel that the department does not have enough knowledge of the relevant legislation and this contributes to unfair action against educators. This unfair labour practice does influence the motivation and productivity of educators in the public schools of South Africa. A large number of educators feel that they are treated unfairly regarding the workload and the distribution of tasks in the schools. The unmanageable large classes and restriction of powers of the educator regarding discipline lead to negativity and a loss of productivity. When the Department of Education starts paying attention to the complaints by educators and liaise with schools timeously, it would ensure a fairer education system and educators would be more motivated and thus more productive. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

Esta tese contém contribuições para a organização de um glossário nominal das poesias de Manuel Bandeira. Procede a um levantamento de todos os substantivos e adjetivos presentes em sua obra poética. Além de identificar os lexemas, organizando-os por meio de verbetes e documentando os significados de cada um, traz todas as ocorrências encontradas nos poemas. Refere-se à relação entre a lexicografia e a pesquisa literária. Busca demonstrar que o contexto influencia na análise gramatical, definindo um vocábulo como substantivo ou adjetivo. Destaca também a importância dos estudos de lexicografia literária. / This theory focuses the nominal lexicon in Manuel Bandeiras poetries. This study proceeds a rising of all the nouns and present adjectives in his poetic work. Besides identifying the lexems, organizing them through entries and documenting the meanings of each word, it brings all of the occurrences found in the researched poetic context. This study refers, likewise, to the relationship between the lexicography and the study of the literature. Search to demonstrate that the context influences in the grammatical conjuncture, defining a word as noun or adjective. And, as last objective, detaches the importance of the studies of literary lexicography.

Esta tese contém contribuições para a organização de um glossário nominal das poesias de Manuel Bandeira. Procede a um levantamento de todos os substantivos e adjetivos presentes em sua obra poética. Além de identificar os lexemas, organizando-os por meio de verbetes e documentando os significados de cada um, traz todas as ocorrências encontradas nos poemas. Refere-se à relação entre a lexicografia e a pesquisa literária. Busca demonstrar que o contexto influencia na análise gramatical, definindo um vocábulo como substantivo ou adjetivo. Destaca também a importância dos estudos de lexicografia literária. / This theory focuses the nominal lexicon in Manuel Bandeiras poetries. This study proceeds a rising of all the nouns and present adjectives in his poetic work. Besides identifying the lexems, organizing them through entries and documenting the meanings of each word, it brings all of the occurrences found in the researched poetic context. This study refers, likewise, to the relationship between the lexicography and the study of the literature. Search to demonstrate that the context influences in the grammatical conjuncture, defining a word as noun or adjective. And, as last objective, detaches the importance of the studies of literary lexicography.

Substantive rules in the Insolvency Act Abstract The fundamental aim of the thesis is to find and analyze substantive rules contained in the Act No. 182/2006 Coll. Insolvency Act. The thesis analyzes their meaning and purpose, mentioning relevant judicial decisions and their historical context. Also foreign literature and expert monographs dedicated to insolvency law are mentioned. Questions of proposed amendments to the Insolvency Act related to the theme of the thesis are discussed, and personal opinions of the author on selected insolvency issues are included. The thesis is divided into 5 chapters, which analyze substantive norms of the Insolvency Act. Chapters Two, Three and Four form the core of the thesis. The first chapter defines procedural law and substantive law, relations between the Insolvency Act and other legal regulations, and its position in the system of law. The second chapter deals with different stages of insolvency proceedings, especially with the legal effects of the commencement of insolvency, bankruptcy but also with remedial ways of solving bankruptcy - reorganisation and debt relief. All the above mentioned is dealt with taking into account substantive rules of the Insolvency Act. The third chapter is dedicated to questions of liability of parties to insolvency proceedings, to the...

Substantive consequences of insolvency of an obligor for his business partners Abstract This thesis has a goal to describe substantive consequences of insolvency or bankruptcy of an obligor for his business partners. This goal is achieved by a comparison of norms influencing the insolvency proceedings arising from the Act no. 182/2006 Coll., about bankruptcy and methods of its solution (Insolvency Act), with the general norms of obligation law, while using academic literature, case law and legislation. The thesis describes especially single consequences which arise directly from the Insolvency Act and the purpose of these consequences. Additionally, possibilities for the business partners are included regarding avoidance of some of the consequences that might negatively affect them. Particularly, the thesis focuses on existence, extinguishment and enforceability of receivables of obligor's business partners. The text is divided into three chapters. The first chapter describes basic principles of the insolvency proceedings, which helps to understand the meaning and the purpose of the legislation pertinent to the insolvency proceedings. These principles are also interpretation rules for the Insolvency Act. Furthermore, individual phases of the insolvency proceedings are described in the first chapter of the...

The hearing-impaired learner as part of a historically segregated and disadvantaged group experiences discrimination within Nigeria’s general education system and the socio-political environment. In this study, the focus is on how hearing-impaired learners can access inclusive education, using normative ideas of equality that could inform the understanding and interpretation of the non-discriminatory clause in the Nigerian constitution. Emphasis is on advancing thoughts that are normatively open to the inclusive equality needs of the hearing-impaired in accessing primary education, in order to inspire and be capable of altering existing discriminatory conditions prevalent within Nigeria’s general education system. The study uses a range of analytical skills to probe the inclusiveness of existing arrangements regarding inclusive equality in education for hearing-impaired learners in Nigeria. More broadly, the study makes use of qualitative analysis. However, the study also employs a reasonable part of fieldwork which necessitated the use of quantitative data analysis in order to determine the number of semi-structured questionnaires to be distributed to schools. More generally, the study utilises the social model approach to disability and neo-natural law perspectives as qualitative interpretive tools for appraising understandings of inclusivity in education for hearing-impaired learners. From ideas inspired from the social model and neo-natural law, the study adopts the prescriptive and directive approach as a directing element in the evaluation of the responsiveness of law, policy and practice towards securing inclusive equality in education for hearing-impaired learners. Additionally, the study employs some aspects of comparative analysis. The purpose was not so much to compare, but to create awareness regarding the equality and non-discrimination agenda in other jurisdictions. Against this backdrop, the Canadian and South African jurisdictions were used. The study contemplates that positive lessons could be learnt from these jurisdictions and mistakes can be avoided. Throughout, the study highlights the hidden nature of law, policy and practice in relation to hearing-impaired learners, which consequently demand the application of practical reasonableness and ideas of substantive justice in the making and implementation of rules and policy. The study situates inclusivity as a flexible approach that should present each learner with an opportunity to access and make choices regarding placement options as a matter of self determination. In the final analysis, the study argues for the establishment of a non-discriminatory educational system, where hearing-impaired learners are taught in a language that is accessible and comprehensible and with which the learner is familiar right from home at the early age of schooling. The study considers the utilisation of accessible and comprehensible language an operative part of achieving substantive equality in education for hearing-impaired learners. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted

L’extension de la procédure collective pour confusion des patrimoines permet de soumettre une pluralité de débiteurs à une unique procédure collective. Les récentes réformes ont profondément modifié la nature de ce mécanisme : longtemps perçu comme une véritable sanction, ce dernier tend de plus en plus à être utilisé comme un simple outil de restructuration, voire de protection. Ses effets autrefois redoutés sont aujourd’hui recherchés. La thèse révèle la complémentarité de ces derniers dans le traitement des situations de confusion des patrimoines et propose plusieurs solutions permettant d’assurer leur prévisibilité. Elle suggère également plusieurs pistes de réflexion permettant de mettre en adéquation les cas de recours au mécanisme à la nature particulièrement originale des effets produits par ce dernier. / Extending a collective insolvency procedure in the case of estate compels a number of debtors to comply with a unique collective procedure. Recent reforms have deeply modified the nature of this mechanism: for a long time perceived as a sanction, it is now used as a simple tool for restructuring, and to an extent a tool for protection. Its consequences were once dreaded, whereas now they are coveted. This thesis enhances the complementarity that exists between the latter when dealing with situations of estate confusion and offers several solutions enabling foreseeability. Furthermore, it opens up to several lines of thoughts that can correlate cases when resorting to this mechanism to the particularly original effects generated by the latter.

1 Pacta Sunt Servanda in Recent Civil Law Abstract The thesis deals with the brocard of pacta sunt servanda and its application in the current Czech civil law. After a brief explanation of the historical circumstances and a concise description of the historical development of private law in Czechia, the first chapter outlines the establishment and the practical confirmation of the pacta sunt servanda principle in the judicial rulings of the Czech Constitutional Court after year 1990. The second chapter analyzes the natural law doctrines that have informed the authors of the Civil Code in drafting the law, including the principle of pacta sunt servanda. The third chapter of the thesis reviews the practical expression of the principle that agreements must be kept, and promises are binding in the applicable provisions of the Civil Code. The freedom of contract is one of the essential tenets of the private law, which gives parties freedom to decide whether to enter into a contract, with whom and the freedom to decide (acting in mutual respect of the equal autonomy of the persons involved) about the contents of the contract. But the freedom is also accompanied by responsibility. One of the possible consequences of the pacta sunt servanda principle is a party's duty to negotiate with care and not to lead a...

No description available.

Yes / The capability approach and sustainability can be connected in numerous ways. One could think of sustainability as a self-contained domain of human analysis – thus there could be theories of sustainability and there may be difficulties in this domain as elsewhere in moving from theory to policy or practice. Thus, capability approach could be considered as an additional lens that can facilitate the transition from sustainability theory to practice; alternatively one could think of the capability approach as offering an alternative paradigm and thus build on both theories and then find ways to move from theory to practice. In this chapter, both of these approaches are recognised and discussed. The capability approach is mainly about enhancing substantive freedoms- we examine the conjectures whether an approach of increasing freedoms is compatible with sustainability and whether freedoms are sufficient for sustainability. We use the case of Mongolia to explore some of these issues of application.