The focus of this thesis is the question whether or not the WTO discriminates unfairly against developing economies. In the absence of a test of guidelines for detennining unfairness or fairness of WTO provisions or Agreements has been drawn up using welfare economic and constitutional law principles as a foundation. Unfairness is therefore determined by asking whether the provisions of each Agreement are rational, proportional, efficient and whether they prevent the abuse of power amongst states. In addition, the economic effects of the provisions of the selected Agreements have been analysed to determine whether the relevant provisions are welfare enhancing and conclusive to promoting growth and development within developing economies. The Agreements chosed for analysis are the Agreements on Trade-related Investment Measures (TRIMS), Trade-related Intellectual Property (TRIPS), Agriculture and Services (GATS). The dispute settlement and negotiating process, labour standards and the impact of decreasing most-favoured nation rates on developing economy competitiveness is also discussed. Application of the test has shown that the WTO provisions do not reflect the interests of all members. Even though most member states are developing economies, the3 Agreements constantly cater foe developed country concerns and interests. Where provision is made for developing country interests, it is the LDC's who are favoured, with nonnal developing economies being bound by the same provisions as the developed economies. A fonnal, as opposed to a substantive, defmition has been adopted by the WTO, with a result that the process of equality is placed above the outcomes. While concessions have been made to development, members have not gone for enough. A main reason for the imbalance can be attributed to the negotiating process, which is based upon concessionary bargaining and trade-off. Those states with greater economic power are therefore at an advantage as they have the leverage needed to influence the outcomes of negotiations and hence the provisions of the various Agreements. Even with the LDC's, the WTO has been found to discriminate unfairly against developing economies because it does not adequately address developing country concerns. / KMBT_363 / Adobe Acrobat 9.54 Paper Capture Plug-in

Sexual practices in prisons the world over are almost the same. Men incarcerated for many years in limited space with other men without the opportunity for normal heterosexual sexual outlet end up practicing homosexual sex. South African prisons are not an exception. In this dissertation I tackled a number of issues from a Christian Ethics perspective, with a slant from the Evangelical wing of Christianity as this is my background. The few issues I investigated from a South African prison system are the following. Firstly the issue of homosexuality was looked at from an Evangelical perspective. The conclusion was that the practice of homosexuality is a sin just like any other sexual deviation from the God ordained sex within marriage. Secondly empirical research was done to verify homosexual sex in prisons in South Africa. The results of this research confirmed that homosexual sex acts are a daily occurrence in our prisons. The results also showed that the aspect of indecent assault, forced or coerced homosexual sex acts now classified as “male rape,” was rife in prisons. Other factors related to this matter were that prison gangs and Correctional members’ complicity aggravated this issue of “male rape”. Thirdly we looked at the policy of “no sex in prison” as set out by the Department of Correctional Services. A number of discrepancies were uncovered. Firstly, there is unfair discrimination in the treatment of heterosexuals and homosexuals in prisons. Whereas heterosexuals are legally barred from having sex with their spouses while in prison, homosexuals are having sex in prison with their partners. Although the DOCS insists on the policy of no sex in prison, they appear to be condoning it in that they provide free condoms to inmates. In accordance with the stipulation of the Bill of Rights regarding unfair discrimination, the DOCS should treat inmates equally. To make matters worse, the South African Government has sanctioned same sex unions but failed to put in place effective control measures in correctional service centres to ensure that the policy of no sex in prison is not undermined. The DOCS should look at either allowing heterosexuals to have conjugal visits or ensure that homosexuals are not put together in the same cell, so as to adhere to this policy. Fourthly the issue punishment and rehabilitation was also investigated. This was done from a Christian ethical perspective. The Department of Correctional Services says that their objective is not to punishment but to rehabilitate. The discussion showed that putting convicted criminals in prison was a punishment on its own. It was further discussed that punishment is biblical, and that whilst punishment should be left to God, He in turn has put governments on earth as His servants to mete out punishment to those who deserve it. It was also discussed that rehabilitation does not happen automatically, that it needs a buy in by the individual concerned as seen from the examples of individuals cited in the thesis. Lastly, the causes of such sexual behaviour in prison were investigated. Corrupt officials, overcrowding and inadequate food supply, among others, are matters to be rectified in dealing with this problem. Alternatives to jail sentences for minor offences are also strongly suggested so as to alleviate the problem of overcrowding. / Thesis (PhD)--University of Pretoria, 2008. / Dogmatics and Christian Ethics / unrestricted

Common law does recognise the concept of dismissal based on operational requirements. It recognises dismissals that are based on breach of expressed or implied terms of contract of employment. The concept of operational requirements has its roots in the Labour Relations Act 28 of 1956. This Act recognised termination of employment of a number of employees due to ability, capacity, productivity, conduct and operational requirements and needs of undertaking industry trade or occupation of the employer as legitimate. Under the 1956 LRA, employers were allowed to dismiss employees if employees refused to accept the proposed change to conditions of employment. The dismissal is called lock-out dismissal. This kind of dismissal entitled employers to dismiss employees on condition that the dismissal was temporary and the workers would be re-employed when they agree to the demands of the employer. After the contract of employment was terminated between the employer and employees, the employer was allowed to implement the changes using scab labour. The 1995 Labour Relations Act introduced section 187(1)(c) that was intended to re-enforce the abolishing of the lock-out dismissal. This section strictly forbids the dismissal of employees in order to compel them to accept demands of the employer in matters of mutual interest. Such dismissals are regarded as automatically unfair. In terms of section 64(4) of the 1995 LRA employers are not permitted to unilaterally effect changes to employees’ terms and conditions of employment. They are required to seek and obtain consent of the affected employees. If employees refuse to accept the proposed changes, the employer can use lock-out as defence. Firstly, the employer can initiate lock-out until employees accede to its demand. Secondly, the employer can lock-out employees in response to the notice of strike or strike of the employees. The employer can use scab labour during this lock-out period. Unlike the lock-out dismissal, lock-out under the 1995 LRA does not include termination of contract of employment. iv In contrast, employers are allowed to dismiss employees who refuse to agree to change to their terms and conditions of employment on the ground of operational requirements provided a fair procedure is followed. This reason for dismissal is not viewed by the courts as a dismissal to induce employees to accept the demand of the employer. The question that this study seeks to examine is the relationship between automatic unfair dismissal in terms of section 187(1)(c) of the Labour Relations Act and dismissal for operational requirements. A dispute between the employer and employees regarding change to terms and conditions of employment is a mutual interest dispute; and it therefore falls under collective bargaining. The same dispute can easily fall to rights dispute, because the reason for the proposed change to the production system and demand to the pursuit of improved efficiency and better achievement of profit objective related to operational requirement. There is obvious overlap between operational requirements and wage work bargaining. In Schoeman v Samsung Electronics, the court held that the employer is entitled to run its business in a prosperous way and this may entail affecting changes to terms and conditions of employment when the market forces demand so. In Mwasa v Independent Newspapers, the court held that change to terms and conditions of service of an employee can be proposed as a way to avoid retrenchment; dismissal of employees for refusing to accept the change is not covered by section 187(1)(c). In Fry’s Metals v Numsa, the court has rejected the notion that there is tension between section 187(1)(c) and section 188(1)(a)(ii). The court held that section 186(1) refers to dismissal or termination of workforce with the intention to end the employment contract and replacing the workforce with employees that are prepared to accept terms and conditions of employment that suit the employer’s operational requirements. The court argued further that the meaning of dismissal should be a v starting point when one wants to dispute the two sections. On the other hand, section 187(1)(c) was effected with a certain purpose, which is to prohibit the employer from dismissing employees in order to compel them to accept its demand in dispute of mutual interest. The court held that the dismissal in this case was final. The employer dismissed its employees because it did not need them anymore. This dismissal is in accordance with section 186(1). The court rejected that operational requirements is confirmed to saving business from bankruptcy. The court argued that the principle includes measures calculated to increase efficiency and profitability. The employer can dismiss and make more profit.

In Sidumo v Rustenburg Platinum Ltd ((2007) 12 BLLR 1097 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) SA 24 (CC)) the Constitutional Court made two findings of immense significance for dismissed employees: firstly, the court rejected the use of the so-called “reasonable employer” test in our law, a test which traditionally required arbitrators and courts evaluating the fairness of a dismissal for proven misconduct to treat the employer’s decision on sanction with a measure of deference; and secondly, on scrutiny of the more controversial issue before the court, to wit, the basis, if any, upon which arbitrators are obliged to make reasonable decisions, the court (in confirming that arbitrators are so obliged) held that the obligation to do so suffuses section 145 of the LRA, and that the extended review grounds legislated under PAJA do not apply. In the present article these judicial conclusions are critically analysed and evaluated, and a number of submissions are made, inter alia: it is submitted that the Constitutional Court’s rejection of the “reasonable employer” test was premised on a fundamental misinterpretation of the test; that while the court’s attempt to locate the reasonableness standard within the LRA was perhaps justifiable, the court failed to consider properly, or at all, the wording of section 145 and its history, with the consequence that the court failed to appreciate that section 145 of the LRA (save on an unduly strained interpretation) could not conceivably be construed to cater, in itself and without more, for the constitutional right to lawful, reasonable and procedurally fair administrative action; and further, that the labour landscape post-Sidumo is, to an extent, unquestionably one bathed in greater uncertainty. In conclusion, the author poses the question whether, on a review of Sidumo, the Constitutional Court should not be considered to have fallen short of fulfilling its constitutional obligations under the rule of law.

This master thesis "Specifics of Marketing Communication Targeted on Seniors and Unfair Practices Against Them" aims to familiarize the reader with the ways and coercive methods by which traders force seniors to buy overpriced goods or services during the selling events or doorstep sales. Another aim is to identify the reasons that lead elderly to attend sales events, or use the services of door-to-door seller. Next, I will try to make recommendations to public authorities and elderly how to prevent unfair trade practices. The thesis also deals with legal regulations, the demographic situation and development, and manipulation.

The main aim of my thesis is to identify various forms of consumer deception. These include misleading and aggressive practices that consumers encounter in everyday life and which often exceed limits of acceptability regulated by legislation. The thesis emphasises primarily advertising which strongly affects consumer decision-making for buying. Legal means of protection against deception are included in the thesis as well. The deception of consumers in German, Austrian and Spanish legislation is the topic of the final chapter. The thesis is supplemented with practical examples and judicial practice.

The issue of fair remuneration The diploma thesis focuses on the issue of fair remuneration in the Czech Republic, or rather lack thereof. The aim of this paper is to outline and evaluate the legislation of fair remuneration that is currently in effect. It must be said that the current fair remuneration legislation, at the first sight, seems to be sufficient and effective in practice. However, that is not true yet, as one of the remaining issues of fair remuneration is the inequality in the remuneration of women and men, where women are generally paid less than men for the same work. This thesis comprises of five chapters. The first chapter provides an overview and evaluation of the legislation of fair remuneration. The second chapter attempts to define the term "fair remuneration" while also outlining other key terms. In general, fair remuneration is such that is in absolute accordance with the current legislation. However, that does not guarantee that such remuneration would be perceived as fair by the employees themselves. Therefore, each employee should know how he or she is remunerated and what specific criteria affect the amount of his remuneration. It follows that each employer should have a transparent remuneration system in place, which would indicate which criteria play a role in...

The aim of my thesis is to focus on issues of ethics in real estate operations and search optimal criteria for ethics in the real estate business. I mention ethical codes and their application and rationale at work of real estate agencies and professional associations. Furthermore I explore the real estate market in the Czech Republic in terms of ethics and I mention characteristics of ethically solid agencies, however I will also devote most common unfair practices within the real estate business and the current problems of the real estate market, which do not contribute to an ethical environment in business. Using the survey I examine thinking about ethics in the real estate business from two perspectives, namely from the perspective of the client, whether former, current or potential, and from the perspective of real estate agencies and brokers.

Gender disparity in healthcare sector leadership positions is a major problem among female healthcare professionals in Southern Ethiopia. This study explored gender disparities among healthcare professionals in healthcare sector leadership positions. The findings would be used to develop guidelines to reduce gender disparities in healthcare leadership in healthcare sectors to a minimum in Ethiopia. This study used exploratory and descriptive cross-sectional research design incorporating a mixed methods research approach to collect both quantitative and qualitative data simultaneously which were analyzed during the same phase of the research process. The quantitative survey data was collected using piloted structured questionnaire while qualitative data was collected using semi-structured interview guide containing open questions. Quantitative data was collected from a random sample of 414 healthcare professionals and qualitative data from a purposive sample of 21 healthcare professionals from seven districts having the experiences of gender disparity in healthcare leadership positions. Quantitative data had a compliance rate of 98% and it was entered into EpiData version 3.1 and exported to SPSS (version 24) for further analysis, and the qualitative data was coded and analyzed manually into thematic content. Quantitative findings of the study revealed that only 26% (n=108) of the participants reported that representation of women in healthcare sector leadership positions in the past few years has been increased. The majority of leadership positions assumed by study participants were at department head level while only 1.3 % were on chief excutive officers and 2.3% medical director positions respectively. Of these none was a female and 67%, n=264 of the participants do not have leadership role in a health service facility. Study participants having bachelor degree level of education were 2.3 times more likely to be represented in healthcare sector leadership positions than those participants having master’s degree and diploma [AOR=2.3, (95% CI: 1.289, 4.252)]. Challenges experienced by women health professionals regarding gender disparity in leadership positions in health service facility included family responsibilities, lack of support, lack of self-esteem or self-confidence, lack of career advancement, and cultural bias. The conclusions derived from the study was that women need all the opportunities, encouragement and support to allow them access to and success in healthcare sector leadership positions through informal and formal leadership training. / Health Studies / D. Litt et Phil (Health Studies)

Thesis (LLM. (Labour Laws)) -- University of Limpopo, 2022 / This study discusses a legal analysis of incompatibility as a ground for dismissal in the South African labour law. Incompatibility refers to the inability of an employee to maintain a harmonious relationship with his or her employer, or unable to adapt to the corporate culture of the workplace. The corporate culture is associated with the values, beliefs and behaviour to determine how employees interact with each other in the workplace. Therefore, in cases where the employer contemplates dismissing an employee on the ground of incompatibility, procedural fairness and substantive fairness should be implemented in order for the employer/s to make informed decision and ensure that the dismissal of such an employee is effected in accordance with the procedural and substantive fairness couched in the Labour Relations Act 66 of 1995 („the LRA‟). Section 23 of the Constitution of the Republic of South Africa, 1996 provides broadly the right of everyone to fair labour practices. Consequently, the LRA was established to give effect to this constitutional provision. In terms of section 185 of the LRA everyone has the right not to be unfairly dismissed. Be that as it may, incompatibility is not clearly defined in section 188 of the LRA. In fact, there are no guidelines nor corrective measures implemented in the workplace to deal with incompatibility. Hence incompatibility is dealt with under dismissal based on incapacity. In most cases employers use their discretion in dismissing employees, thereby using improper procedure to end disharmony in the workplace. In summation, the central thesis of this study focuses on a legal analysis of incompatibility as a ground for dismissal in the South African labour law.