Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / LLM / Unrestricted

This dissertation investigates whether or not there is a duty on the employer to negotiate with workers on issues that affect their employment security. The research focuses on why there is no duty on the employer to negotiate with workers in regard to retrenchment, closure and transfer of undertakings. It also examines the--factors that are obstacles to the existence of such a duty. Furthermore, the effects of ·such _non - negotiation on the workers' job security and on efficiency as well as productivity of the undertaking are looked at. It also evaluates whether the results suggest that unilateralism in these respects is making a useful contribution to the realisation of the principal aim of ,the LRA -industrial peace. The method of investigation has largely been literature review and to a certain extent / comparative. It analyses primary and secondary sources. Theoretical guidance was drawn from critical studies in labour law and industrial relations. The study reveals that there is no duty on the employer to negotiate with workers regarding retrenchment, closure and transfer of undertakings. Consequently, it argues that, for job security to ensue, industrial peace to prevail, business efficiently and productivity to abound, the employer should be compelled to bargain or negotiate with workers. This duty should be clearly stipulated in legislation. It further argues that consultation should be geared towards agreement. If agreement cannot be reached on the issues under consideration, it argues that the status quo should be maintained, that is no change to existing conditions should be implemented until a deadlock- breaking mechanism resolves the matter. The aim of the work is threefold. First, it seeks to make a modest contribution to the understanding and importance of the duty to negotiate in labour law and industrial relations · for post -Apartheid south Africa. Second, it disputes and, in large measure, seeks to contradict earlier justifications for refusing to compel the employer to negotiate with workers in regard to retrenchment, closure and transfer of undertakings. Third, it attempts to provide insight into how this duty can best be rendered more meaningful and equally beneficial to workers and employers. Turning to the assessment, it finds that the insistence on duty to consult as opposed to duty to negotiate is pro -management and that it dangerously puts our labour relations into the horns of a dilemma. Furthermore, such an approach is out of touch with democratic developments in the country as well as the expectations of the industrial relations community. Lastly, it finds that the duty to consult is not as useful as the one to negotiate. It accordingly proposes that the employer be under a legislative obligation to negotiate and reach consensus with workers on issues affecting job security.

Submitted to the Faculty of Arts in partial fulfilment of the requirements for the degree of Doctor of Theology in the Department of Religion Studies at the UNIVERSITY OF ZULULAND, 2008. / After a brief introduction, a new translation of De Legibus II, and prolegomenal remarks, the commentary discusses in Cicero's sequence: how place connects to ancient times and traditions (4), God's Law and his judgment on human laws (5-6), tension between Roman religion and Greek philosophy (7), and the setting forth of Cicero's code of religious law (8), the code covers whom to worship (9), the power of Cicero's own priesthood (10), religion and political unity (11), social justice and religious rites (12), Cicero's digression on a turf-war between augurs and pontifices and priestly responsibility for religious law alone (13), the rites of death (14), and the prospect of immortality (15). Excursuses within the commentary include: holy reason as imago Dei in humans; dialogists' family and friendship; legitimacy of law in Confucianism; the supreme God and His/Its relation to lesser deities, especially Minerva; hyperphilologism and ancient holist theology (hence reference to current African philosophy and theology and to modern religious traditions). Cicero's anti-Platonism/anti-utopianism. parallel Confucian-Mohist enmity, and the common substrate of family and family rite; mistaking propriety for agnosticism and tacit knowing for unbelief; reliability of the canonical texts; the sages' descendants and classical explicators; tyranny as the sin of parricide: Roman priesthoods with reference to the religious power of women; family religious rites; the augural priesthood and its liberationist implications. Selected interpretive issues meriting further enquiry follows: the integrity of theology in DL2 and aspects of classical Confucianism; Cicero's theological language and the use of translations; theological anti-totalitarianism in Cicero and his contemporary Han Dynasty Confucians; scholarly contempt for Cicero and its civic-theological implications: late-dating of DL as buttress of its civic-theological character; lsocrates as anti-Platonic paradigm of theological political praxis; the distinctiveness of our sages over against mediaeval philosophical theology in the West and China; and anti-imperialist theology in Viet Nam and Cicero's Philippics. The conclusion offers encouragement in civic-theological resistance to tyranny, the role of humane reason in theology and the present applicability of aspects of the theology of Cicero and that of Confucius.

The non-Newtonian incompressible power-law uid in jet ow models is investigated. An important feature of the model is the de nition of a suitable Reynolds number, and this is achieved using the standard de nition of a Reynolds number and ascertaining the magnitude of the e ective viscosity. The jets under examination are the two-dimensional free, liquid and wall jets. The two-dimensional free and wall jets satisfy a di erent partial di erential equation to the two-dimensional liquid jet. Further, the jets are reformulated in terms of a third order partial di erential equation for the stream function. The boundary conditions for each jet are unique, but more signi - cantly these boundary conditions are homogeneous. Due to this homogeneity the conserved quantities are critical in the solution process. The conserved quantities for the two-dimensional free and liquid jet are constructed by rst deriving the conservation laws using the multiplier approach. The conserved quantity for the two-dimensional free jet is also derived in terms of the stream function. For a Newtonian uid with n = 1 the twodimensional wall jet gives a conservation law. However, this is not the case for the two-dimensional wall jet for a non-Newtonian power-law uid. The various approaches that have been applied in an attempt to derive a conservation law for the two-dimensional wall jet for a power-law uid with n 6= 1 are discussed. In conjunction with the attempt at obtaining conservation laws for the two-dimensional wall jet we present tenable reasons for its failure, and a feasible way forward. Similarity solutions for the two-dimensional free jet have been derived for both the velocity components as well as for the stream function. The associated Lie point symmetry approach is also presented for the stream function. A parametric solution has been obtained for shear thinning uid free jets for 0 < n < 1 and shear thickening uid free jets for n > 1. It is observed that for values of n > 1 in the range 1=2 < n < 1, the velocity pro le extends over a nite range. For the two-dimensional liquid jet, along with a similarity solution the complete Lie point symmetries have been obtained. By associating the Lie point symmetry with the elementary conserved vector an invariant solution is found. A parametric solution for the two-dimensional liquid jet is derived for 1=2 < n < 1. The solution does not exist for n = 1=2 and the range 0 < n < 1=2 requires further investigation.

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In this thesis I treat success in explicating probabilistic laws of nature (e.g., laws of radioactive decay) as a criterion of adequacy for a metaphysics of laws. I devote a chapter of analysis to each of the three best known theories of laws: the best systems analysis, contingent necessitation, and dispositional essentialism. I treat the problem of undermining that David Lewis identified in his theory of chance as a challenge that any metaphysical theory of probabilistic laws must overcome. I argue that dispositional essentialism explicates probabilistic laws while the other two theories fail to do so. Lewis's best systems analysis explicates probabilistic laws only with a solution to the problem of undermining. Michael Thau's solution was met with Lewis's approval. I argue that Thau's solution is ad hoc and renders impossible the fit of best systems with probabilistic laws to indeterministic worlds. Bas van Fraassen argued that David Armstrong's theory of contingent necessitation is totally incapable of explicating probabilistic laws of nature. I argue that Armstrong is able to respond to some of van Fraassen's arguments, but not to the extent of rehabilitating his theory. I also argue that Armstrong's theory of probabilistic laws suffers from the problem of undermining. This result adds to the widely held suspicion that Armstrong's theory is a version of a regularity theory of laws. With propensities grounding probabilistic laws of nature, the problem of undermining does not arise for dispositional essentialism, because all nomically possible futures are compatible with the propensities instantiated in the world. I conclude that dispositional essentialism explicates probabilistic laws of nature better than Lewis's and Armstrong's theories do. Since probabilistic laws are ubiquitous in contemporary physics, I conclude that dispositional essentialism furnishes a better metaphysics of laws than Lewis's and Armstrong's theories do. / Thesis / Doctor of Philosophy (PhD)

Thesis (M.B.A.)--Boston University

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published_or_final_version / Law / Master / Master of Laws